HomeMy WebLinkAboutAgreement A-24-502 with AWCA for CFET Services.pdf Agreement No. 24-502
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated September 10, 2024 and is between
3 America Works of California, Inc., a for profit corporation, whose address is 228 E 45th Street,
4 16th Floor, New York, NY 10017, ("Subrecipient"), and the County of Fresno, a political
5 subdivision of the State of California ("County").
6 Recitals
7 A. The County has a need for CalFresh Employment and Training Services; for recipients
8 who are eligible for Non-Assistance CalFresh and are also General Relief recipients or
9 applicants, and meet the Able-Bodied Adults Without Dependents criteria, residing in Fresno
10 County.
11 B. The County issued Request for Proposal (RFP) No. 24-034 for CalFresh Employment
12 and Training Services where the Subrecipient responded to said RFP and was selected to
13 provide services in accordance with the RFP and Subrecipient's submitted response.
14 C. The County, through the Department of Social Services (DSS) is authorized to enter into an
15 Agreement with Subrecipient for such services pursuant to CalFresh Employment and Training and
16 the rules and regulations of the California Department of Social Services.
17 D. The purpose of this agreement is to provide CalFresh and General Relief recipients with
18 employment and training services to assist participants with job attainment and retention to reduce
19 reliance on CalFresh and General Relief, and as a result, lead to self-sufficiency.
20 The parties therefore agree as follows:
21 Article 1
22 Subrecipient's Services
23 1.1 Scope of Services. The Subrecipient shall perform all of the services provided in
24 Exhibit A to this Agreement, titled "Scope of Services," and pursuant to the staffing patterns and
25 program expenses detailed in Exhibit B, titled "Compensation."
26 1.2 Representation. The Subrecipient represents that it is qualified, ready, willing, and
27 able to perform all of the services provided in this Agreement.
28
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1 1.3 Compliance with Laws. The Subrecipient shall, at its own cost, comply with all
2 applicable federal, state, and local laws and regulations in the performance of its obligations
3 under this Agreement, including but not limited to workers compensation, labor, and
4 confidentiality laws and regulations.
5 Article 2
6 County's Responsibilities
7 2.1 The County shall meet all obligations provided in Exhibit A to this Agreement, titled
8 "Scope of Services."
9 Article 3
10 Compensation, Invoices, and Payments
11 3.1 The County agrees to pay, and the Subrecipient agrees to receive, compensation for
12 the performance of its services under this Agreement as described in Exhibit B to this
13 Agreement, titled "Compensation".
14 3.2 The services provided by the Subrecipient under this Agreement are funded in
15 whole or in part by the State of California and/or the United States Federal government. In the
16 event that funding for these services is delayed by the State Controller or the Federal
17 government, the County may defer payment to the Subrecipient. The amount of the deferred
18 payment shall not exceed the amount of funding delayed to the County. The period of time of
19 the deferral by the County shall not exceed the period of time of the State Controller's or
20 Federal government's delay of payment to County plus forty-five (45) days.
21 3.3 Maximum Compensation. In no event shall compensation paid for services
22 performed under this Agreement be in excess of Two Million Two Hundred Thousand and 0/100
23 Dollars ($2,200,000). For the period of October 1, 2024 through September 30, 2025, in no
24 event shall compensation paid for services performed under this agreement be in excess of
25 Four Hundred Forty Thousand and No/100 Dollars ($440,000). Subsequent years will be
26 determined on a yearly basis, dependent on the available funds received by the State. A portion
27 of the compensation paid by the County to Subrecipient described above will be for
28 administrative services and a portion will be for ancillary/support service reimbursements made
2
1 by the Subrecipient to participants served by Subrecipient performed under this Agreement.
2 3.4 Administrative services will be funded in part by the 100 Percent Federal Funding
3 Allocation. Total expenditures claimed by Subrecipient for actual services funded by this
4 allocation shall not exceed Four Hundred Thousand and No/100 Dollars ($400,000) from
5 October 1, 2024, through September 30, 2025. Subsequent years will be determined on a
6 yearly basis, dependent on the available funds received by the State.
7 3.5 The County will reimburse Subrecipient for 50% of the ancillary/support service
8 reimbursements claimed by Subrecipient and the Subrecipient is responsible for paying the
9 other 50% of the ancillary/support service reimbursements claimed by the Subrecipient. For the
10 period of October 1, 2024, through September 30, 2025, total ancillary/support service
11 expenditures claimed by Subrecipient shall not exceed Eighty Thousand and No/100 Dollars
12 ($80,000) and total reimbursement from the County will amount to 50% of the actual
13 expenditures made and claimed by Subrecipient and shall not exceed Forty Thousand and
14 No/100 Dollars ($40,000). For each subsequent 12-month period, total ancillary/support service
15 expenditures claimed by Subrecipient shall not exceed Eighty Thousand and No/100 Dollars
16 ($80,000) and total reimbursement from the County will amount to 50% of the actual
17 expenditures made and claimed by Subrecipient and shall not exceed Forty Thousand and
18 No/100 Dollars ($40,000).
19 3.6 The Subrecipient acknowledges that the County is a local government entity, and
20 does so with notice that the County's powers are limited by the California Constitution and by
21 State law, and with notice that the Subrecipient may receive compensation under this
22 Agreement only for services performed according to the terms of this Agreement and while this
23 Agreement is in effect, and subject to the maximum amount payable under this section. The
24 Subrecipient further acknowledges that County employees have no authority to pay the
25 Subrecipient except as expressly provided in this Agreement.
26 3.7 Invoices. The Subrecipient shall submit monthly invoices in attention to Staff Analyst
27 to: )SSInvo ices CcDfresnocountyca.gov. The Subrecipient shall submit each invoice within 30
28 days following the month in which expenses were incurred, rendered, and paid, and in any case
3
1 within 60 days after the end of the term or termination of this Agreement. Subrecipient shall
2 submit invoices to the County each month with a detailed general ledger (GL), itemizing costs
3 incurred in the previous month, along with supporting documentation of costs and payments.
4 Failure to submit GL reports and supporting documentation shall be deemed sufficient cause for
5 County to withhold payments until there is compliance, as further described in Section 3.5
6 herein. Supporting documentation shall include but is not limited to receipts, invoices received,
7 and documented administrative / overhead costs. No reimbursement for services shall be made
8 until invoices, reports and outcomes are received, reviewed and approved by County's DSS.
9 Proof of payment may be required for certain funding streams and will be made available by the
10 Subrecipient as requested by the County.
11 3.8 Payment. The County shall pay each correctly completed and timely submitted
12 invoice within 45 days after receipt. If an invoice is incorrect or otherwise not in proper form or
13 detail, County's DSS Director or designee shall have the right to withhold payment as to only
14 that portion of the invoices that is incorrect or improper, after five (5) days prior written notice or
15 email correspondence to Subrecipient. The County shall remit any payment to the
16 Subrecipient's address specified in the invoice.
17 3.9 Incidental Expenses. The Subrecipient is solely responsible for all of its costs and
18 expenses that are not specified as payable by the County under this Agreement.
19 Article 4
20 Term of Agreement
21 4.1 Term. This Agreement is effective on October 1, 2024 and terminates on September
22 30, 2027, except as provided in section 4.2, "Extension," or Article 6, "Termination and
23 Suspension," below.
24 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
25 year periods only upon written approval of both parties at least 30 days before the first day of
26 the next one-year extension period. The Director of the Department of Social Services or his or
27 her designee is authorized to sign the written approval on behalf of the County based on the
28 Subrecipient's satisfactory performance. The extension of this Agreement by the County is not a
4
1 waiver or compromise of any default or breach of this Agreement by the Subrecipient existing at
2 the time of the extension whether or not known to the County.
3 Article 5
4 Notices
5 5.1 Contact Information. The persons and their addresses having authority to give and
6 receive notices provided for or permitted under this Agreement include the following:
7
For the County:
8 Director of Department of Social Services
County of Fresno
9 P.O. Box 1912
Fresno, CA 93721
10
For the Subrecipient:
11 Director
America Works of California, Inc.
12 228 E 451" Street, 161" Floor,
New York, NY 10017
13 5.2 Change of Contact Information. Either party may change the information in section
14 5.1 by giving notice as provided in section 5.3.
15 5.3 Method of Delivery. Each notice between the County and the Subrecipient provided
16 for or permitted under this Agreement must be in writing, state that it is a notice provided under
17 this Agreement, and be delivered either by personal service, by first-class United States mail, by
18 an overnight commercial courier service, or by a Portable Document Format (PDF) document
19 attached to an email.
20 (A) A notice delivered by personal service is effective upon service to the recipient.
21 (B) A notice delivered by first-class United States mail is effective three County
22 business days after deposit in the United States mail, postage prepaid, addressed to the
23 recipient.
24 (C)A notice delivered by an overnight commercial courier service is effective one
25 County business day after deposit with the overnight commercial courier service,
26 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
27 the recipient.
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1 (D)A notice delivered by PDF document attached to an email is effective when
2 transmission to the recipient is completed (but, if such transmission is completed outside
3 of County business hours, then such delivery is deemed to be effective at the next
4 beginning of a County business day), provided that the sender maintains a machine
5 record of the completed transmission.
6 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
7 nothing in this Agreement establishes, waives, or modifies any claims presentation
8 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
9 of Title 1 of the Government Code, beginning with section 810).
10 Article 6
11 Termination and Suspension
12 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
13 contingent on the approval of funds by the appropriating government agency. If sufficient funds
14 are not allocated, then the County, upon at least 30 days' advance written notice to the
15 Subrecipient, may:
16 (A) Modify the services provided by the Subrecipient under this Agreement; or
17 (B) Terminate this Agreement.
18 6.2 Termination for Breach.
19 (A) Upon determining that a breach (as defined in paragraph (C) below) has
20 occurred, the County may give written notice of the breach to the Subrecipient. The
21 written notice may suspend performance under this Agreement, and must provide at
22 least 30 days for the Subrecipient to cure the breach.
23 (B) If the Subrecipient fails to cure the breach to the County's satisfaction within the
24 time stated in the written notice, the County may terminate this Agreement immediately.
25 (C) For purposes of this section, a breach occurs when, in the determination of the
26 County, the Subrecipient has:
27 (1) Obtained or used funds illegally or improperly;
28 (2) Failed to comply with any part of this Agreement;
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1 (3) Submitted a substantially incorrect or incomplete report to the County; or
2 (4) Improperly performed any of its obligations under this Agreement.
3 6.3 Termination without Cause. In circumstances other than those set forth above, the
4 County or Subrecipient may terminate this Agreement by giving at least 30 days advance
5 written notice to the Subrecipient.
6 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
7 under this Article 6 is without penalty to or further obligation of the County.
8 6.5 County's Rights upon Termination. Upon termination for breach under this Article
9 6, the County may demand repayment by the Subrecipient of any monies disbursed to the
10 Subrecipient under this Agreement that, in the County's sole judgment, were not expended in
11 compliance with this Agreement. The Subrecipient shall promptly refund all such monies upon
12 demand. This section survives the termination of this Agreement.
13 Article 7
14 Independent Contractor
15 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
16 agents, employees, and volunteers, is at all times acting and performing as an independent
17 contractor, in an independent capacity, and not as an officer, agent, servant, employee,joint
18 venturer, partner, or associate of the County.
19 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
20 manner or method of the Contractor's performance under this Agreement, but the County may
21 verify that the Contractor is performing according to the terms of this Agreement.
22 7.3 Benefits. Because of its status as an independent Contractor, the Contractor has no
23 right to employment rights or benefits available to County employees. The Contractor is solely
24 responsible for providing to its own employees all employee benefits required by law. The
25 Contractor shall save the County harmless from all matters relating to the payment of
26 Contractor's employees, including compliance with Social Security withholding and all related
27 regulations.
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1 7.4 Services to Others. The parties acknowledge that, during the term of this
2 Agreement, the Contractor may provide services to others unrelated to the County.
3 Article 8
4 Indemnity and Defense
5 8.1 Indemnity. The Subrecipient shall indemnify and hold harmless and defend the
6 County (including its officers, agents, employees, and volunteers) against all claims, demands,
7 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
8 liabilities of any kind to the County, the Subrecipient, or any third party that arise from or relate
9 to the performance or failure to perform by the Subrecipient (or any of its officers, agents,
10 subcontractors, or employees) under this Agreement. The County may conduct or participate in
11 its own defense without affecting the Subrecipient's obligation to indemnify and hold harmless or
12 defend the County.
13 8.2 Survival. This Article 8 survives the termination of this Agreement.
14 Article 9
15 Insurance
16 9.1 The Subrecipient shall comply with all the insurance requirements in Exhibit C to this
17 Agreement.
18 Article 10
19 Inspections, Audits, Record Maintenance, and Public Records
20 10.1 Inspection of Documents. The Subrecipient shall make available to the County,
21 and the County may examine at any time during business hours and as often as the County
22 deems necessary, all of the Subrecipient's records and data with respect to the matters covered
23 by this Agreement, excluding attorney-client privileged communications. The Subrecipient shall,
24 upon request by the County, permit the County to audit and inspect all of such records and data
25 to ensure the Subrecipient's compliance with the terms of this Agreement.
26 10.2 State Audit Requirements. If the compensation to be paid by the County under this
27 Agreement exceeds $10,000, the Subrecipient is subject to the examination and audit of the
28 California State Auditor, as provided in Government Code section 8546.7, for a period of three
8
1 years after final payment under this Agreement. This section survives the termination of this
2 Agreement.
3 10.3 Single Audit Clause. If Subrecipient expends Seven Hundred Fifty Thousand
4 Dollars ($750,000) or more in Federal and Federal flow-through monies annually, Subrecipient
5 agrees to conduct an annual audit in accordance with the requirements of the Single Audit
6 Standards as set forth in Office of Management and Budget (OMB) Title 2 of the Code of
7 Federal Regulations Part 200. Subrecipient shall submit said audit and management letter to
8 County. The audit must include a statement of findings or a statement that there were no
9 findings. If there were negative findings, Subrecipient must include a corrective action signed by
10 an authorized individual. Subrecipient agrees to take action to correct any material non-
11 compliance or weakness found as a result of such audit. Such audit shall be delivered to
12 County's DSS, Administration, for review within nine (9) months of the end of any fiscal year in
13 which funds were expended and/or received for the program. Failure to perform the requisite
14 audit functions as required by this Agreement may result in County performing the necessary
15 audit tasks, or at County's option, contracting with a public accountant to perform said audit, or,
16 may result in the inability of County to enter into future agreements with Subrecipient. All audit
17 costs related to this Agreement are the sole responsibility of Subrecipient.
18 10.4 Program Audit Requirements. A single audit report is not applicable if all
19 Subrecipient's Federal contracts do not exceed the Seven Hundred Fifty Thousand Dollars
20 ($750,000) requirement or Subrecipient's funding is through Drug related Medi-Cal. If a single
21 audit is not applicable, a program audit must be performed and a program audit report with
22 management letter shall be submitted by Subrecipient to County as a minimum requirement to
23 attest to Subrecipient's solvency. Said audit report shall be delivered to County's DSS,
24 Administration, for review no later than nine (9) months after the close of the fiscal year in which
25 the funds supplied through this Agreement are expended. Failure to comply with this Act may
26 result in County performing the necessary audit tasks or contracting with a qualified accountant
27 to perform said audit. All audit costs related to this Agreement are the sole responsibility of
28 Subrecipient who agrees to take corrective action to eliminate any material noncompliance or
9
1 weakness found as a result of such audit. Audit work performed by County under this paragraph
2 shall be billed to the Subrecipient at County cost, as determined by County's Auditor-
3 Controller/Treasurer-Tax Collector.
4 10.5 Record Establishment and Maintenance. Subrecipient shall establish and maintain
5 records in accordance with those requirements prescribed by County, with respect to all matters
6 covered by this Agreement. Subrecipient shall retain all fiscal books, account records and client
7 files for services performed under this Agreement for at least five (5) years from date of final
8 payment under this Agreement or until all State and Federal audits are completed for that fiscal
9 year, whichever is later.
10 (A) Cost Documentation. Subrecipient agrees to maintain records to verify costs
11 under this Agreement including a General Ledger, properly executed payrolls, time
12 records, invoices, vouchers, orders, proof of payment, and any other accounting
13 documents pertaining in whole or in part to this Agreement and they shall be clearly
14 identified and readily accessible. The support documentation must indicate the line
15 budget account number to which the cost is charged.
16 (B) Service Documentation. Subrecipient agrees to maintain records to verify
17 services under this Agreement including names and addresses of clients served, if
18 applicable, and the dates of service and a description of services provided on each
19 occasion. These records and any other documents pertaining in whole or in part to this
20 Agreement shall be clearly identified and readily accessible.
21 (C) County shall notify Subrecipient in writing within thirty (30) days of any potential
22 State or Federal audit exception discovered during an examination. Where findings
23 indicate that program requirements are not being met and State or Federal participation
24 in this program may be imperiled in the event that corrections are not accomplished by
25 Subrecipient within thirty (30) days of receipt of such notice from County, written
26 notification thereof shall constitute County's intent to terminate this Agreement.
27
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1 10.6 Public Records. The County is not limited in any manner with respect to its public
2 disclosure of this Agreement or any record or data that the Subrecipient may provide to the
3 County. The County's public disclosure of this Agreement or any record or data that the
4 Subrecipient may provide to the County may include but is not limited to the following:
5 (A) The County may voluntarily, or upon request by any member of the public or
6 governmental agency, disclose this Agreement to the public or such governmental
7 agency.
8 (B) The County may voluntarily, or upon request by any member of the public or
9 governmental agency, disclose to the public or such governmental agency any record or
10 data that the Subrecipient may provide to the County, unless such disclosure is
11 prohibited by court order.
12 (C)This Agreement, and any record or data that the Subrecipient may provide to the
13 County, is subject to public disclosure under the Ralph M. Brown Act (California
14 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
15 (D)This Agreement, and any record or data that the Subrecipient may provide to the
16 County, is subject to public disclosure as a public record under the California Public
17 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
18 with section 6250) ("CPRA").
19 (E) This Agreement, and any record or data that the Subrecipient may provide to the
20 County, is subject to public disclosure as information concerning the conduct of the
21 people's business of the State of California under California Constitution, Article 1,
22 section 3, subdivision (b).
23 (F) Any marking of confidentiality or restricted access upon or otherwise made with
24 respect to any record or data that the Subrecipient may provide to the County shall be
25 disregarded and have no effect on the County's right or duty to disclose to the public or
26 governmental agency any such record or data.
27 (G) Notwithstanding sections A-F above, any information protected by law shall not
28 be subject to public disclosure.
11
1 10.7 Public Records Act Requests. If the County receives a written or oral request
2 under the CPRA to publicly disclose any record that is in the Subrecipient's possession or
3 control, and which the County has a right, under any provision of this Agreement or applicable
4 law, to possess or control, then the County may demand, in writing, that the Subrecipient deliver
5 to the County, for purposes of public disclosure, the requested records that may be in the
6 possession or control of the Subrecipient. Within five business days after the County's demand,
7 the Subrecipient shall (a) deliver to the County all of the requested records that are in the
8 Subrecipient's possession or control, together with a written statement that the Subrecipient,
9 after conducting a diligent search, has produced all requested records that are in the
10 Subrecipient's possession or control, or (b) provide to the County a written statement that the
11 Subrecipient, after conducting a diligent search, does not possess or control any of the
12 requested records. The Subrecipient shall cooperate with the County with respect to any County
13 demand for such records. If the Subrecipient wishes to assert that any specific record or data is
14 exempt from disclosure under the CPRA or other applicable law, it must deliver the record or
15 data to the County and assert the exemption by citation to specific legal authority within the
16 written statement that it provides to the County under this section. The Subrecipient's assertion
17 of any exemption from disclosure is not binding on the County, but the County will give at least
18 10 days' advance written notice to the Subrecipient before disclosing any record subject to the
19 Subrecipient's assertion of exemption from disclosure. The Subrecipient shall indemnify the
20 County for any court-ordered award of costs or attorney's fees under the CPRA that results from
21 the Subrecipient's delay, claim of exemption, failure to produce any such records, or failure to
22 cooperate with the County with respect to any County demand for any such records.
23 Article 11
24 Disclosure of Self-Dealing Transactions and Conflict of Interest
25 11.1 Applicability. This Article 11 applies if the Subrecipient is operating as a
26 corporation, or changes its status to operate as a corporation.
27 11.2 Duty to Disclose. If any member of the Subrecipient's board of directors is party to a
28 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
12
1 "Self-Dealing Transaction Disclosure Form" (Exhibit D to this Agreement) and submitting it to
2 the County before commencing the transaction or immediately after.
3 11.3 Definition. "Self-dealing transaction" means a transaction to which the Subrecipient
4 is a party and in which one or more of its directors, as an individual, has a material financial
5 interest.
6 11.4 Conflict of Interest. No officer, employee or agent of the County who exercises any
7 function or responsibility for planning and carrying out of the services provided under this
8 Agreement shall have any direct or indirect personal financial interest in this Agreement. In
9 addition, no employee of the County shall be employed by the Subrecipient under this
10 Agreement to fulfill any contractual obligations with the County. The Subrecipient shall comply
11 with all Federal, State of California and local conflict of interest laws, statutes and regulations,
12 which shall be applicable to all parties and beneficiaries under this Agreement and any officer,
13 employee or agent of the County.
14 Article 12
15 Medi-Cal Confidentiality
16
12.1 Conformance with Laws: All services performed by Subrecipient under this
17
Agreement shall be in strict conformance with all applicable Federal, State of California, and/or
18
local laws and regulations relating to confidentiality. Subrecipient shall require its employees,
19
agents, officers and subcontractors to comply with the provisions of Sections 10850 and
20
14100.2 of the Welfare and Institutions Code, as well as the California Department of Social
21
Services (CDSS) Manual of Policies and Procedures, Division 19-0000 and the California
22
Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section
23
2H. These Code sections provide that:
24 (A) All applications and records concerning any individual made or kept by any public
25 officer or agency in connection with the administration of any provision of the Welfare
26 and Institutions Code relating to Medicaid or any form of public social services for which
27 grants-in-aid are received by the State of California from the United States government
28 shall be confidential, and shall not be open to examination for any purpose not directly
13
1 connected with the administration of such public social services.
2 (B) No person shall publish or disclose or permit or cause to be published or
3 disclosed any list of persons receiving public social services, except as is provided by
4 law.
5 (C) No person shall publish, disclose, or use, or permit or cause to be published,
6 disclosed, or used any confidential information pertaining to an applicant or recipient,
7 except as is provided by laws.
8 (D) Subrecipient shall inform all of its employees, agents, officers and subcontractors
9 of the above provisions and that any person knowingly and intentionally violating such
10 provisions is guilty of a misdemeanor.
11 (E) In addition, Subrecipient, its employees, agents, and officers shall comply, and
12 require all of its subcontractors to comply, with (1) the DHCS Medi-Cal Privacy and
13 Security Agreement between the California DHCS and the County of Fresno that is then
14 in effect, and (2) the Privacy and Security Agreement between the CDSS and the
15 County of Fresno that is then in effect, both of which together shall be referred to in this
16 section as "the Agreements" and are incorporated herein by this reference. The current
17 versions of both the DHCS and CDSS Privacy and Security agreements are available
18 upon request or can be viewed at: https://www.fresnocountyca.gov/Departments/Social-
19 Services/DSS-Administratinn/Privacy-and-Security-AgreementF. Subrecipient shall
20 insure that all personally identifiable information (PI I), as defined in the Agreements,
21 concerning program recipients shall be kept confidential and shall not be opened to
22 examination, publicized, disclosed, or used for any purpose not directly connected with
23 the administration of the program. Subrecipient shall use appropriate administrative,
24 physical, and technical safeguards to protect PI I, as set forth in the Agreements. Upon
25 discovery of a breach, security incident, intrusion, or unauthorized access, use, or
26 disclosure of PII, Subrecipient shall immediately report the incident to the County by
27 calling (559) 600-2300 or emailing the privacy mailbox at
28 dssprivacyincident(a)fresnocountyca.gov. Subrecipient shall certify that all employees,
14
1 agents, officers and subcontractors have received privacy and security training before
2 accessing any PH and have received refresher training annually, as required by the
3 Agreements.
4 Article 13
5 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
6 Lower Tier Covered Transactions.
7 13.1 County and Subrecipient recognize that Subrecipient is a recipient of State or
8 Federal assistance funds under the terms of this Agreement. By signing this Agreement,
9 Subrecipient agrees to comply with applicable Federal suspension and debarment regulations,
10 including but not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order
11 12549. By signing this Agreement, Subrecipient attests to the best of its knowledge and belief,
12 that it and its principals:
13 (A) Are not presently debarred, suspended, proposed for debarment, declared
14 ineligible, or voluntarily excluded from participation in this transaction by any Federal
15 department or agency; and
16 (B) Shall not knowingly enter into any lower tier covered transaction with an entity or
17 person who is debarred, suspended, proposed for debarment, declared ineligible, or
18 voluntarily excluded from participation in this transaction by any Federal department or
19 agency.
20 13.2 Subrecipient shall provide immediate written notice to County if at any time during
21 the term of this Agreement Subrecipient learns that the representations it makes above were
22 erroneous when made or have become erroneous by reason of changed circumstances.
23 13.3 Subrecipient shall include a clause titled "Certification Regarding Debarment,
24 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and
25 similar in nature to this Article Thirteen (13) in all lower tier covered transactions and in all
26 solicitations for lower tier covered transactions.
27 1H
28 1H
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1 13.4 Subrecipient shall, prior to soliciting or purchasing goods and services in excess of
2 $25,000 funded by this Agreement, review and retain the proposed vendor's suspension and
3 debarment status at https://sam.gov/SAM/.
4 13.5 The certification in Article Thirteen (13) of this Agreement is a material representation
5 of fact upon which County relied in entering into this Agreement.
6 Article 14
7 General Terms
8 14.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
9 Agreement may not be modified, and no waiver is effective, except by written consent by both
10 parties. The Subrecipient acknowledges that County employees have no authority to modify this
11 Agreement except as expressly provided in this Agreement.
12 (A) Changes to line items in the Exhibit B, Compensation, in an amount not to
13 exceed 10% of the maximum annual compensation payable to the Subrecipient may be
14 made with the written approval of County's DSS Director or their designee. Said
15 modifications shall not result in any changes to the maximum compensation amount
16 payable to Subrecipient, as stated in this Agreement.
17 (B) Subrecipient agrees that reductions to the maximum compensation set forth
18 under Article Three (3) of this Agreement may be necessitated by a reduction in funding
19 from State or Federal sources. Any such reduction to the maximum compensation may
20 be made with the written approval of County's DSS Director or their designee and
21 Subrecipient. Subrecipient further understands that this Agreement is subject to any
22 restriction, limitations, or enactments of all legislative bodies which affect the provisions,
23 term, or funding of this Agreement in any manner. If the parties do not provide written
24 approval for modification due to reduced funding, this Agreement may be terminated in
25 accordance with Section 6.1 above.
26 14.2 Subrecipient's Name Change. An amendment, assignment, or new agreement is
27 required to change the name of Subrecipient as listed on this Agreement. Upon receipt of legal
28 documentation of the name change, County will process the agreement. Payment of invoices
16
1 presented with a new name cannot be paid prior to approval of said agreement.
2 14.3 Public Information. Subrecipient shall disclose County as a funding source in all
3 public information and program materials developed in support of contracted services.
4 14.4 Non-Assignment. Neither party may assign its rights or delegate its obligations
5 under this Agreement without the prior written consent of the other party. Any transferee,
6 assignee or subcontractor will be subject to all applicable provisions of this Agreement, and all
7 applicable State and Federal regulations. Subrecipient shall be held primarily responsible by
8 County for the performance of any transferee, assignee or subcontractor unless otherwise
9 expressly agreed to in writing by County. The use of subcontractor by Subrecipient shall not
10 entitle Subrecipient to any additional compensation than provided for under this Agreement.
11 14.5 Governing Law. The laws of the State of California govern all matters arising from
12 or related to this Agreement.
13 14.6 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
14 County, California. Subrecipient consents to California jurisdiction for actions arising from or
15 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
16 brought and maintained in Fresno County.
17 14.7 Construction. The final form of this Agreement is the result of the parties' combined
18 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
19 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
20 against either party.
21 14.8 Days. Unless otherwise specified, "days" means calendar days.
22 14.9 Headings. The headings and section titles in this Agreement are for convenience
23 only and are not part of this Agreement.
24 14.10 Severability. If anything in this Agreement is found by a court of competent
25 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
26 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
27 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
28 intent.
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1 14.11 Nondiscrimination. During the performance of this Agreement, the Subrecipient
2 shall not unlawfully discriminate against any employee or applicant for employment, or recipient
3 of services, because of race, religious creed, color, national origin, ancestry, physical disability,
4 mental disability, medical condition, genetic information, marital status, sex, gender, gender
5 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
6 all applicable State of California and federal statutes and regulation.
7 (A) Domestic Partners and Gender Identity. For State fund-funded contracts of
8 $100,000 or more, Subrecipient certifies that it complies with Public Contract Code
9 Section 10295.3.
10 (B) Americans with Disabilities Act. Subrecipient shall comply with the Americans
11 with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
12 disability, as well as all applicable regulations and guidelines issued pursuant to the ADA
13 (42 U.S.C. 12101 et seq.).
14 (C) Subrecipient shall include the non-discrimination and compliance provisions of
15 this section in all subcontracts to perform work under this Agreement.
16 14.12 Limited English Proficiency. Subrecipient shall provide interpreting and translation
17 services to persons participating in Subrecipient's services who have limited or no English
18 language proficiency, including services to persons who are deaf or blind. Interpreter and
19 translation services shall be provided as necessary to allow such participants meaningful
20 access to the programs, services and benefits provided by Subrecipient. Interpreter and
21 translation services, including translation of Subrecipient's "vital documents" (those documents
22 that contain information that is critical for accessing Subrecipient's services or are required by
23 law) shall be provided to participants at no cost to the participant. Subrecipient shall ensure that
24 any employees, agents, subcontractors, or partners who interpret or translate for a program
25 participant, or who directly communicate with a program participant in a language other than
26 English, demonstrate proficiency in the participant's language and can effectively communicate
27 any specialized terms and concepts peculiar to Subrecipient's services.
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1 14.13 Drug-Free Workplace Requirements. For purposes of this paragraph, Subrecipient
2 will be referred to as the "grantee". By drawing funds against this grant award, the grantee is
3 providing the certification that it is required by regulations implementing the Drug-Free
4 Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations require certification by
5 grantees that they will maintain a drug-free workplace. False certification or violation of the
6 certification shall be grounds for suspension of payments, suspension or termination of grants,
7 or government wide suspension or debarment. Subrecipient shall also comply with the
8 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section
9 8350 et seq.).
10 14.14 Grievances. Subrecipient shall establish procedures for handling client complaints
11 and/or grievances. Such procedures will include provisions for informing clients of their rights to
12 a State Hearing to resolve such issues when appropriate.
13 14.15 Lobbying and Political Activity. None of the funds provided under this Agreement
14 shall be used for publicity, lobbying or propaganda purposes designed to support or defeat
15 legislation pending in the Congress of the United States of America or the Legislature of the
16 State of California. Subrecipient shall not directly or indirectly use any of the funds under this
17 Agreement for any political activity or to further the election or defeat of any candidate for public
18 office.
19 14.16 Clean Air Act and the Federal Water Pollution Control Act. If the compensation
20 to be paid by the County under this Agreement exceeds One Hundred Fifty Thousand and
21 No/100 Dollars ($150,000) of Federal funding, Subrecipient agrees to comply with all applicable
22 standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)
23 and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations
24 must be reported to the Federal awarding agency and the Regional Office of the Environmental
25 Protection Agency (EPA).
26 14.17 Procurement of Recovered Materials. If compensation to be paid by the County
27 under this Agreement is funded in whole or in part with Federal funding, In the performance of
28 this Agreement, Subrecipient shall comply with section 6002 of the Solid Waste Disposal Act, as
19
1 amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
2 include procuring only items designated in guidelines of the Environmental Protection Agency
3 (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
4 practicable, consistent with maintaining a satisfactory level of competition, where the purchase
5 price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
6 fiscal year exceeded $10,000; procuring solid waste management services in a manner that
7 maximizes energy and resource recovery; and establishing an affirmative procurement program
8 for procurement of recovered materials identified in the EPA guidelines.
9 14.18 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
10 of the Subrecipient under this Agreement on any one or more occasions is not a waiver of
11 performance of any continuing or other obligation of the Subrecipient and does not prohibit
12 enforcement by the County of any obligation on any other occasion.
13 14.19 Child Support Compliance Act. If compensation to be paid by the County under
14 this Agreement includes State funding in excess of$100,000, the Subrecipient acknowledges in
15 accordance with Public Contract Code 7110, that:
16 (A) Subrecipient recognizes the importance of child and family support obligations
17 and shall fully comply with all applicable state and federal laws relating to child and
18 family support enforcement, including, but not limited to, disclosure of information and
19 compliance with earnings assignment orders, as provided in Chapter 8 (commencing
20 with section 5200) of Part 5 of Division 9 of the Family Code; and
21 (B) Subrecipient to the best of its knowledge is fully complying with the earnings
22 assignment orders of all employees and is providing the names of all new employees to
23 the New Hire Registry maintained by the California Employment Development
24 Department.
25 14.20 Priority Hiring Considerations. If compensation to be paid by the County under this
26 Agreement includes State funding and services in excess of$200,000, Subrecipient shall give
27 priority consideration in filling vacancies in positions funded by the Agreement to qualified
28 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public
20
1 Contract Code Section 10353.
2 14.21 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
3 between the Subrecipient and the County with respect to the subject matter of this Agreement,
4 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
5 publications, and understandings of any nature unless those things are expressly included in
6 this Agreement. If there is any inconsistency between the terms of this Agreement without its
7 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
8 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
9 exhibits.
10 14.22 No Third-Party Beneficiaries. This Agreement does not and is not intended to
11 create any rights or obligations for any person or entity except for the parties.
12 14.23 Authorized Signature. The Subrecipient represents and warrants to the County
13 that:
14 (A) The Subrecipient is duly authorized and empowered to sign and perform its
15 obligations under this Agreement.
16 (B) The individual signing this Agreement on behalf of the Subrecipient is duly
17 authorized to do so and his or her signature on this Agreement legally binds the
18 Subrecipient to the terms of this Agreement.
19 14.24 Electronic Signatures. The parties agree that this Agreement may be executed by
20 electronic signature as provided in this section.
21 (A) An "electronic signature" means any symbol or process intended by an individual
22 signing this Agreement to represent their signature, including but not limited to (1) a
23 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
24 electronically scanned and transmitted (for example by PDF document) version of an
25 original handwritten signature.
26 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
27 equivalent to a valid original handwritten signature of the person signing this Agreement
28 for all purposes, including but not limited to evidentiary proof in any administrative or
21
1 judicial proceeding, and (2) has the same force and effect as the valid original
2 handwritten signature of that person.
3 (C)The provisions of this section satisfy the requirements of Civil Code section
4 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
5 Part 2, Title 2.5, beginning with section 1633.1).
6 (D) Each party using a digital signature represents that it has undertaken and
7 satisfied the requirements of Government Code section 16.5, subdivision (a),
8 paragraphs (1) through (5), and agrees that each other party may rely upon that
9 representation.
10 (E) This Agreement is not conditioned upon the parties conducting the transactions
11 under it by electronic means and either party may sign this Agreement with an original
12 handwritten signature.
13 14.25 Counterparts. This Agreement may be signed in counterparts, each of which is an
14 original, and all of which together constitute this Agreement.
15 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
America Works of California, Inc. County of Fresno
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5 r. ee owes, hief Executive Officer Nathan Magsig, Chairman of the Board of
6 228E 45th Street, 16w Floor Supervisors of the County of Fresno
New York, NY 10017 Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
9
By:
10 deputy
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For accounting use only:
14
Org No.: 56107001
15 Account No.: 7870
Fund No.: 0001
16 Subclass No.: 10000
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Exhibit A
SCOPE OF SERVICES
ORGANIZATION: America Works of California, Inc.
ADDRESS: 228 E 451" Street, 16t" Floor, New York, NY 10017
SERVICE ADDRESS: 1477 E Shaw, Ste 100, Fresno, CA 93710
SERVICES: CalFresh Employment and Training
TELEPHONE: (402) 658-7795
CONTACT: Tori Conley, Development Director
EMAIL: tconley@americaworks.com
CONTRACT PERIOD: Term 1: October 1, 2024, through September 30, 2025 (Base)
Term 2: October 1, 2025, through September 30, 2026 (Base)
Term 3: October 1, 2026, through September 30, 2027 (Base)
Term 4: October 1, 2027, through September 30, 2028 (Optional)
Term 5: October 1, 2028, through September 30, 2029 (Optional)
I. SUMMARY OF SERVICES
America Works of California, Inc. (AWCA) shall provide a CalFresh Employment and
Training (CFET) program with a jobs-first approach for recipients of General Relief(GR) also
receiving CalFresh (CF) benefits. Program components will include Job Search/Job Search
Training (JST), Education, and Retention.
II. TARGET POPULATION
The target population are recipients of GR and CF benefits who reside in Fresno County.
Referral to the CFET program will be dependent on the Eligibility Worker's determination of
the client's eligibility and willingness to participate. The majority of services will be provided
in metropolitan Fresno with services for rural participants delivered in Selma, Reedley,
Kerman, or Coalinga.
III. SUBRECIPIENT'S RESPONSIBITILIES
AWCA will receive direct referrals from the Department for enrollment into the CFET
program. AWCA will not promote, recruit, or accept referrals for CFET by any other method.
AWCA shall ensure all participants enrolled in the CFET program are CalFresh eligible.
Eligibility verification will be completed at each interaction with the participant by using the
provided telephone number for Community Based Organizations to verify participant
eligibility for GR and CF.AWCA will not deny services to any client sent by the Department
that is determined eligible. AWCA will not terminate a participant from the CFET program
without first discussing the reasoning and possible alternatives with the Department.
AWCA will ensure that limited English Proficiency (LEP) participants have meaningful,
effective, and equal access at every point of contact with program services for threshold
languages: English, Spanish, and Hmong.
A-1
Exhibit A
AWCA will meet with the Department staff as often as needed to exchange pertinent
information, resolve issues, and work together to coordinate services in the best interest of
the participant. Emails shall be responded to within 24 hours.
AWCA shall provide the following:
A. Service Locations and Operational Hours
1. AWCA's metro Fresno office will operate Monday through Friday, 8:30 AM — 5:00 PM.
2. AWCA's Selma office will be available by appointment.
3. DSS offices will be available by appointment.
a) AWCA will schedule and reserve a space at DSS offices prior to appointments
with clients.
4. Evening hours will be available by appointment.
B. Intake, Assessment, and Orientation
1. The Admin/Outreach Coordinator will conduct intake within 10 business days,
accepting appropriate referrals.
a) Clients who do not answer until the 10t" day will be scheduled for the next
available orientation.
2. Assessment includes:
a) Verification of CFET eligibility
b) Collection of participant data
c) Review of AWCA policies
d) Confirmation that participants are actively seeking full-time employment
e) Identifying and addressing barriers to participants' success in the workforce
f) Notification to DSS when participant is unable to work for more than 30-days
3. Orientation will occur every Monday, excluding holidays, of which will occur on
Tuesdays, accommodating up to 20 participants. The following tests will be
administered during orientation:
a) Occupational Information Network (O*Net)
b) Barriers to Success Inventory (BEST)
c) VIA Assessment of Character Strengths
4. AWCA will create customized Individualized Work Plans (IWP) for participants which
include:
a) Objectives
b) Action steps
c) Services to be provided by AWCA
d) Adjustments as needed
5. AWCA will make efforts to contact participants who miss assessment or orientation
sessions within five business days. Contact, or attempt thereof, will be made twice
per week for two weeks and may be made by one of the following:
a) Phone call
b) Text message
c) Social media (on a case-by-case basis)
d) Letter
6. AWCA will notify the Department of any participants who fail to show for intake
following their referral from the Department, decline services or are assessed and
deemed not appropriate for services within five business days.
A-2
Exhibit A
C. Job Search Training
1. AWCA will place results of VIA Assessment of Character Strengths in participant's file
and will share results with participant and other team members as appropriate.
2. AWCA will provide JST over a four-day course consisting of curriculum that
enhances participants'job readiness and includes, but is not limited to:
a) Computer skills
b) Interview preparation
c) Job search strategies
d) Resume and Cover Letter Preparation
e) Workplace etiquette
AWCA will match participants to available jobs with partnered employers.
D. Supervised Job Search
1. AWCA will provide supervised job search via Job Club, offered weekly and includes:
a) Job search methods
b) Sharing of insights and experiences
c) Individualized feedback
d) Individualized coaching sessions
e) Networking opportunities
f) Personalized guidance and resources
Job Club will not be mandatory, but participants will be encouraged to attend.
E. Education
1. AWCA will assist participants in finding suitable local training providers.
2. AWCA will assist participants with referrals to Workforce Connections to access
Workforce Innovation Opportunity Act (WIOA) funds, and also have available,
scholarships available to individuals who are seeking short-term training, including
but not limited to:
a) Food handler certification
b) Forklift certification
c) Solar training
d) CA State Guard Card training
3. AWCA will refer participants to educational and occupational skill-building programs,
including:
a) Training scholarships
b) GED preparation
4. AWCA will continue to cultivate relationships with additional training providers that
may not currently exist in an effort to expand participant options.
F. Job Retention
1. AWCA will offer reimbursement for job-relate needs for up to 90 days post-
employment, including but not limited to:
a) Transportation
b) Work-related clothing
2. AWCA will contact participants on a weekly basis to discuss participants'
employment status, provide ongoing support, and will maintain regular
communication and collaboration for 90 days post-placement, including:
A-3
Exhibit A
a) Personalized coaching
b) Advocating for participants in the workplace
c) Regular visits to assess job satisfaction
d) Monitor progress
e) Address challenges
f) Support and assistance in case of termination
g) Make adjustments to participants' IWP as needed
G. Ancillary/Participant Reimbursement
AWCA will provide financial assistance, following CFET guidelines and Department
approval. AWCA is required to provide ancillary/participant reimbursement to aid in
barrier removal for participation in the CFET program.Allowable reimbursements must
average $150 per participant and be reasonable and necessary, follow CFET guidelines
and be approved by the Department. See Exhibit B for more detail.
H. Disengaged Participants
1. AWCA will attempt to contact disengaged participants. Prior to making contact,
AWCA will notify the Department of participants' disengagement to ensure
participants' contact information is correct. Once AWCA receives confirmation, AWCA
will utilize the following methods:
a) Contacting the participant by phone, text, and social media.
b) Sending a letter/email to those not reached by phone.
2. Participants will have a 10-day business window for re-engagement before services
are discontinued.
I. Referrals
AWCA will refer participants to nontraditional supportive services, as needed, including
but not limited to:
1. Legal assistance
2. Mental health counseling
3. Childcare services
4. Housing assistance
5. Financial counseling and assistance
6. Workforce reentry programs
7. Language and literacy programs
8. Entrepreneurship support
9. Technology access
J. Rural Participants
AWCA will provide the same employment and training services that metro is receiving to
rural participants utilizing AWCA's Selma office and rural DSS offices.
1. AWCA will have access to office space in rural DSS offices located throughout the
County of Fresno.
K. Case Documentation and Reports
1. AWCA will maintain thorough and up-to-date case documentation, including but not
limited to:
A-4
Exhibit A
a) Job search records
b) Employment data
c) Case narratives
2. AWCA will submit monthly participant data reports to the Department, detailing key
metrics and outcomes.
IV. COUNTY RESPONSIBILITIES
The Department shall be responsible for referring eligible participants that are recipients and
applicants of GR and CF benefits to AWCA for assessment and enrollment into the CFET
program.
The Department shall meet with AWCA monthly, or more often, if necessary, to exchange
pertinent information, resolve issues, and work together to coordinate services in the best
interest of the participant.
V. OUTCOMES
AWCA shall provide complete and accurate monthly activity reports to the County of Fresno,
in a report format approved by the County within 30 days following the month in which the
services are rendered.
AWCA shall meet the following performance outcomes:
1. Participant Enrollment:A minimum of 65% of GR recipients and applicants referred
by the Department will be enrolled into the CFET program each Fiscal Year.
2. Educational or Vocational Completion: A minimum of 30% of participants enrolled
in the Education component will complete their program with the accompanying
certificate each Fiscal Year.
3. Participants Employed Part-Time: A minimum of 50% of enrolled participants will
find gainful employment, working an average of 20 hours per week or more each
Fiscal Year.
4. Participants Employed Full-Time: A minimum of 35% of enrolled participants*will
find gainful employment, working 32-40 hours per week, indicating a potential
reduction or termination of CalFresh benefits each Fiscal Year.
5. Job Retention Rate:A minimum of 50% of participants who completed the Job
Retention component will retain employment 6 months after securing employment
each Fiscal Year.
*This metric shall include participants who increase their employment hours from 20
hours or less per week as well as participants who obtain employment starting at 32-40
hours per week. Participants who increase their employment hours will be counted in a
separate metric within the monthly activity report.
A-5
Exhibit B
COMPENSATION
The Subrecipient will be compensated for performance of its services under this Agreement as
provided in this Exhibit B. The Subrecipient is not entitled to any compensation except as expressly
provided in this Exhibit B.
BUDGET SUMMARY
ORGANIZATION: America Works of California, Inc.
SERVICES: CalFresh Employment and Training
COMPLETE TERM: October 1, 2024 - September 30, 2029
CONTRACT AMOUNT: Not to exceed $2,200,000
TOTAL MAXIMUM COMPENSATION
BUDGET CATEGORIES AMOUNT
100% ADMINISTRATION
Salaries & Benefits $1,311,635.00
Services & Supplies $688,365.00
Total 100% Admin Funds $2,000,000.00
PARTICIPANT REIMBURSEMENT
Maximum Ancillary/Support Services Expenditures $400,000.00
Maximum Subrecipient Ancillary Case Match
($200,000.00)
Required
Total Ancillary Reimbursement $200,000.00
Total CFET Reimbursement $2,200,000.00
B-1
Exhibit B
BUDGET SUMMARY
ORGANIZATION: America Works of California, Inc.
SERVICES: CalFresh Employment and Training
COMPLETE TERM: October 1, 2024 - September 30, 2025
CONTRACT AMOUNT: Not to exceed $440,000
100% ADMINISTRATIVE EXPENDITURES
(Not to exceed $400,000)
Budget Amount
Categories
Salaries & Benefits
Salaries
0.1379 FTE Site Director $13,101
0.1950 FTE Program Manager $16,769
2.0000 FTE Career Advisor (2) $107,590
0.2837 FTE Administrative Assistant $12,855
1.0000 FTE Outreach Coordinator $44,000
Payroll Taxes (FICA, OASDI, SUI) $24,970
Benefits (Health Insurance, Retirement, Worker's Compensation) $43,042
Subtotal Salaries & Benefits $262,327
Services & Supplies
Office Lease $32,342
Communications $6,520
Office Expense $36,247
Transportation $1,200
Program Supplies $25,000
Indirect Costs* $36,364
Subtotal Services & Supplies $137,673
Total $400,000
*May only be billed at 10%of actual expenditures
B-2
Exhibit B
50/50 PARTICIPANT REIMBURSEMENT
MAXIMUM ANCILLARY/SUPPORT SERVICES EXPENDITURES: $80,000
MAXIMUM CONTRACTOR CASH MATCH REQUIRED: ($40,000)
Total Ancillary Reimbursement: $40,000
Ancillary/Support Services reimbursements to participants may include:
• Transportation (Bus Passes, bus tickets, gas cards)
• Interview clothing
• Work clothing and uniforms
• Books and school supplies
• Work tools and other necessary equipment
• Minor vision correction (eye exam, glasses, bifocals)
• Basic dental work (teeth cleaning)
• Minor automotive repair
• Legal Right to Work documents (ID, DL, or Birth Certificates)
• Test fees
• Union dues
• License and Certificates
• Housing Stabilization services subject to County approval
BUDGET TOTAL 24-25
Total Administration Reimbursement $400,000
Total Ancillary Reimbursement $40,000
Total CFET Reimbursement $440,000
Allowable reimbursements must average $150 per client and be reasonable and
necessary, follow CFET guidelines and be approved by the Department.
B-3
Exhibit C
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Subrecipient or any third
parties, Subrecipient, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Subrecipient shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Subrecipient's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Cyber Liability. Cyber liability insurance with limits of not less than Two Million Dollars
($2,000,000) per occurrence. Coverage must include claims involving Cyber Risks. The
cyber liability policy must be endorsed to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited to
information or data) that is in the care, custody, or control of the Contractor.
Definition of Cyber Risks. "Cyber Risks" include but are not limited to (i) Security
Breach, which may include Disclosure of Personal Information to an Unauthorized Third
Party; (ii) data breach; (iii) breach of any of the Contractor's obligations under [identify
the Article, section, or exhibit containing data security obligations] of this Agreement; (iv)
system failure; (v) data recovery; (vi) failure to timely disclose data breach or Security
Breach; (vii)failure to comply with privacy policy; (viii) payment card liabilities and costs;
(ix) infringement of intellectual property, including but not limited to infringement of
copyright, trademark, and trade dress; (x) invasion of privacy, including release of
private information; (xi) information theft; (xii) damage to or destruction or alteration of
electronic information; (xiii) cyber extortion; (xiv) extortion related to the Contractor's
obligations under this Agreement regarding electronic information, including Personal
Information; (xv) fraudulent instruction; (xvi) funds transfer fraud; (xvii) telephone fraud;
(xviii) network security; (xix) data breach response costs, including Security Breach
response costs; (xx) regulatory fines and penalties related to the Contractor's obligations
C-1
Exhibit C
under this Agreement regarding electronic information, including Personal Information;
and (xxi) credit monitoring expenses.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Subrecipient signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Subrecipient shall deliver, or cause its
broker or producer to deliver, to the DSSContractinsurance(a�fresnocountyca.gov,
Attention: Contract Analyst.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Subrecipient has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Subrecipient's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The cyber liability insurance certificate must also state that it is endorsed, and
include an endorsement, to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property (including but not limited
to information or data) that is in the care, custody, or control of the Contractor.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Subrecipient shall provide to the County, or ensure that the policy
requires the insurer to provide to the County, written notice of any cancellation or change
in the policy as required in this paragraph. For cancellation of the policy for nonpayment
of premium, the Subrecipient shall, or shall cause the insurer to, provide written notice to
the County not less than 10 days in advance of cancellation. For cancellation of the
policy for any other reason, and for any other change to the policy, the Subrecipient
C-2
Exhibit C
shall, or shall cause the insurer to, provide written notice to the County not less than 30
days in advance of cancellation or change. The County in its sole discretion may
determine that the failure of the Subrecipient or its insurer to timely provide a written
notice required by this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Subrecipient has or obtains
insurance with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Subrecipient shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Subrecipient waives any right to recover from the County,
its officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Subrecipient is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Subrecipient's waiver of subrogation under this paragraph is effective
whether or not the Subrecipient obtains such an endorsement.
(F) County's Remedy for Subrecipient's Failure to Maintain. If the Subrecipient fails to
keep in effect at all times any insurance coverage required under this Agreement, the
County may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Subrecipient. The County may offset such
charges against any amounts owed by the County to the Subrecipient under this
Agreement.
(G)Subcontractors. The Subrecipient shall require and verify that all subcontractors used
by the Subrecipient to provide services under this Agreement maintain insurance
meeting all insurance requirements provided in this Agreement. This paragraph does not
authorize the Subrecipient to provide services under this Agreement using
subcontractors.
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Exhibit D
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
Subrecipient's board of directors ("County Subrecipient"), 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 used 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.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
D-1
Exhibit D
(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:
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