HomeMy WebLinkAboutAgreement A-24-503 with RaB for CFET Services.pdf Agreement No. 24-503
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated September 10, 2024 and is between
3 Reading and Beyond, a California non-profit corporation, whose address is 4670 E. Butler
4 Avenue, Fresno, CA 93702, ("Subrecipient"), and the County of Fresno, a political subdivision of
5 the State of California ("County").
6 Recitals
7 A. The County has a need for CalFresh Employment and Training (CFET) Services; for
8 recipients who are eligible for Non-Assistance CalFresh (NACF) and meet the Work Registrant
9 criteria, residing in Fresno County.
10 B. The County issued Request for Proposal (RFP) No. 24-034 for CFET Services where
11 the Subrecipient responded to said RFP and was selected in accordance with the RFP and
12 Subrecipient's submitted response.
13 C. The Agricultural Act of 2014 was amended in 2018 to give the Food and Nutrition
14 Service (FNS) the authority to reallocate unobligated, unexpended, 100% Employment and
15 Training grant funds to continue the provision of CFET services for the previously funded 2014
16 Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) Pilots.
17 D. The County applies for and receives the above-mentioned reallocated funds to resume
18 the CFET services partnership with Subrecipient each year, with services limited to a time-
19 period between when the reallocated funds are received, and when they expire in September of
20 the same year.
21 E. The County, through the Department of Social Services (DSS) is authorized to enter into an
22 Agreement with Subrecipient for such services pursuant to CFET and the rules and regulations of
23 the California Department of Social Services.
24 F. The purpose of this agreement is to allow for a year-round program to provide CalFresh
25 recipients with employment and training services to assist participants with job attainment and
26 retention to reduce reliance on CalFresh, and as a result, lead to self-sufficiency.
27 The parties therefore agree as follows:
28
1
1 Article 1
2 Subrecipient's Services
3 1.1 Scope of Services. The Subrecipient shall perform all of the services provided in
4 Exhibit A to this Agreement, titled "Scope of Services," and pursuant to the staffing patterns and
5 program expenses detailed in Exhibit B, titled "Compensation."
6 1.2 Representation. The Subrecipient represents that it is qualified, ready, willing, and
7 able to perform all of the services provided in this Agreement.
8 1.3 Compliance with Laws. The Subrecipient shall, at its own cost, comply with all
9 applicable federal, state, and local laws and regulations in the performance of its obligations
10 under this Agreement, including but not limited to workers compensation, labor, and
11 confidentiality laws and regulations.
12 Article 2
13 County's Responsibilities
14 2.1 The County shall meet all obligations provided in Exhibit A to this Agreement, titled
15 "Scope of Services."
16 Article 3
17 Compensation, Invoices, and Payments
18 3.1 The County agrees to pay, and the Subrecipient agrees to receive, compensation for
19 the performance of its services under this Agreement as described in Exhibit B to this
20 Agreement, titled "Compensation".
21 3.2 The services provided by the Subrecipient under this Agreement are funded in
22 whole or in part by the State of California and/or the United States Federal government. In the
23 event that funding for these services is delayed by the State Controller or the Federal
24 government, the County may defer payment to the Subrecipient. The amount of the deferred
25 payment shall not exceed the amount of funding delayed to the County. The period of time of
26 the deferral by the County shall not exceed the period of time of the State Controller's or
27 Federal government's delay of payment to County plus forty-five (45) days.
28 3.3 Maximum Compensation. In no event shall compensation paid for services
2
1 performed under this Agreement be in excess of One Million, Three Hundred Ninety-Eight
2 Thousand, Two Hundred Forty-Six and 0/100 Dollars ($1,398,246). For the period of October 1,
3 2024 through September 30, 2025, in no event shall compensation paid for services performed
4 under this agreement be in excess of Four Hundred Sixty-Six Thousand, Eighty-Two and 0/100
5 Dollars ($466,082). Subsequent years will be determined on a yearly basis, dependent on the
6 available funds received by the State. A portion of the compensation paid by the County to
7 Subrecipient described above will be for administrative services, and a portion will be for
8 ancillary/support service reimbursements made by the Subrecipient to participants served by
9 Subrecipient performed under this Agreement.
10 3.4 Administrative services will be funded in part by the 100 Percent Federal Funding
11 Allocation. Total expenditures claimed by Subrecipient for actual services funded by this
12 allocation shall not exceed Forty-Four Thousand and No/100 Dollars ($44,000) from October 1,
13 2024, through September 30, 2025. Subsequent years will be determined on a yearly basis,
14 dependent on the available funds received by the State.
15 3.5 Administrative services will be funded in part by the 100 Percent Federal Funding
16 Allocation which is Reallocated by FNS each year. These reallocated funds are contingent upon
17 approval from the California Department of Social Services (CDSS) and are only available for
18 expenditure between February and September of each year. The Subrecipient acknowledges
19 that expenditures made by Subrecipient under this allocation cannot be claimed until notification
20 is received from the County that the funds have been approved by CDSS and are available for
21 use. Total expenditures claimed by Subrecipient for actual services funded by the Reallocated
22 Administrative 100% Funds shall not exceed Three Hundred Forty-Seven Thousand, Eighty-
23 Two and No/100 Dollars ($347,082). Subsequent years will be determined on a yearly basis,
24 dependent on the available funds received by the State.
25 3.6 Administrative services will be funded in part by the Administrative Federal Allocation
26 (50 percent Fed Reimbursement). County shall reimburse Subrecipient for 50% of the
27 Administrative Costs made and claimed by the Subrecipient funded by this allocation under this
28 agreement. Subrecipient is responsible for paying the other 50% of the Administrative Costs
3
1 made and claimed by the Subrecipient. For the period of October 1, 2024, through September
2 30, 2025, total expenditures made and claimed by Subrecipient for actual services funded by
3 the Administrative 50% Funds Allocation shall not exceed One Hundred Five Thousand and
4 No/100 Dollars ($105,000) and total reimbursement from the County will amount to 50% of the
5 actual expenditures made and claimed by Subrecipient and shall not exceed Fifty-Two
6 Thousand, Five Hundred and No/100 Dollars ($52,500). For each subsequent optional twelve
7 (12) month extension total expenditures made and claimed by Subrecipient for actual services
8 funded by the Administrative 50% Funds Allocation shall not exceed One Hundred Five
9 Thousand and No/100 Dollars ($105,000) and total reimbursement from the County will amount
10 to 50% of the actual expenditures made and claimed by Subrecipient and shall not exceed Fifty-
11 Two Thousand, Five Hundred and No/100 Dollars ($52,500).
12 3.7 The County will reimburse Subrecipient for 50% of the ancillary/support service
13 reimbursements claimed by Subrecipient and the Subrecipient is responsible for paying the
14 other 50% of the ancillary/support service reimbursements claimed by the Subrecipient. For the
15 period of October 1, 2024, through September 30, 2025, total ancillary/support service
16 expenditures claimed by Subrecipient shall not exceed Forty-Five Thousand and No/100 Dollars
17 ($45,000) and total reimbursement from the County will amount to 50% of the actual
18 expenditures made and claimed by Subrecipient and shall not exceed Twenty-Two Thousand,
19 Five Hundred and No/100 Dollars ($22,500). For each subsequent optional twelve (12) month
20 extension total ancillary/support service expenditures claimed by Subrecipient shall not exceed
21 Forty-Five Thousand and No/100 Dollars ($45,000) and total reimbursement from the County
22 will amount to 50% of the actual expenditures made and claimed by Subrecipient and shall not
23 exceed Twenty-Two Thousand, Five Hundred and No/100 Dollars ($22,500).
24 3.8 The Subrecipient acknowledges that the County is a local government entity, and
25 does so with notice that the County's powers are limited by the California Constitution and by
26 State law, and with notice that the Subrecipient may receive compensation under this
27 Agreement only for services performed according to the terms of this Agreement and while this
28 Agreement is in effect, and subject to the maximum amount payable under this section. The
4
1 Subrecipient further acknowledges that County employees have no authority to pay the
2 Subrecipient except as expressly provided in this Agreement.
3 3.9 Invoices. The Subrecipient shall submit monthly invoices in attention to Staff Analyst
4 to: )SSlnvoices(cD_fresnocountyca.gov. The Subrecipient shall submit each invoice within 30
5 days following the month in which expenses were incurred, rendered, and paid, and in any case
6 within 60 days after the end of the term or termination of this Agreement. Subrecipient shall
7 submit invoices to the County each month with a detailed general ledger (GL), itemizing costs
8 incurred in the previous month, along with supporting documentation of costs and payments.
9 Failure to submit GL reports and supporting documentation shall be deemed sufficient cause for
10 County to withhold payments until there is compliance, as further described in Section 3.5
11 herein. Supporting documentation shall include but is not limited to receipts, invoices received,
12 and documented administrative / overhead costs. No reimbursement for services shall be made
13 until invoices, reports and outcomes are received, reviewed and approved by County's DSS.
14 Proof of payment may be required for certain funding streams and will be made available by the
15 Subrecipient as requested by the County.
16 3.10 Payment. The County shall pay each correctly completed and timely submitted
17 invoice within 45 days after receipt. If an invoice is incorrect or otherwise not in proper form or
18 detail, County's DSS Director or designee shall have the right to withhold payment as to only
19 that portion of the invoices that is incorrect or improper, after five (5) days prior written notice or
20 email correspondence to Subrecipient. The County shall remit any payment to the
21 Subrecipient's address specified in the invoice.
22 3.11 Incidental Expenses. The Subrecipient is solely responsible for all of its costs and
23 expenses that are not specified as payable by the County under this Agreement.
24 Article 4
25 Term of Agreement
26 4.1 Term. This Agreement is effective on October 1, 2024 and terminates on September
27 30, 2025, except as provided in section 4.2, "Extension," or Article 6, "Termination and
28 Suspension," below.
5
1 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
2 year periods only upon written approval of both parties at least 30 days before the first day of
3 the next one-year extension period. The Director of the Department of Social Services or his or
4 her designee is authorized to sign the written approval on behalf of the County based on the
5 Subrecipient's satisfactory performance. The extension of this Agreement by the County is not a
6 waiver or compromise of any default or breach of this Agreement by the Subrecipient existing at
7 the time of the extension whether or not known to the County.
8 Article 5
9 Notices
10 5.1 Contact Information. The persons and their addresses having authority to give and
11 receive notices provided for or permitted under this Agreement include the following:
12 For the County:
Director of Department of Social Services
13 County of Fresno
P.O. Box 1912
14 Fresno, CA 93721
15 For the Subrecipient:
Chief Executive Officer
16 Reading and Beyond
4670 E Butler Avenue
17 Fresno, CA 93727
18 5.2 Change of Contact Information. Either party may change the information in section
19 5.1 by giving notice as provided in section 5.3.
20 5.3 Method of Delivery. Each notice between the County and the Subrecipient provided
21 for or permitted under this Agreement must be in writing, state that it is a notice provided under
22 this Agreement, and be delivered either by personal service, by first-class United States mail, by
23 an overnight commercial courier service, or by a Portable Document Format (PDF) document
24 attached to an email.
25 (A) A notice delivered by personal service is effective upon service to the recipient.
26 (B) A notice delivered by first-class United States mail is effective three County
27 business days after deposit in the United States mail, postage prepaid, addressed to the
28 recipient.
6
1 (C)A notice delivered by an overnight commercial courier service is effective one
2 County business day after deposit with the overnight commercial courier service,
3 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
4 the recipient.
5 (D)A notice delivered by PDF document attached to an email is effective when
6 transmission to the recipient is completed (but, if such transmission is completed outside
7 of County business hours, then such delivery is deemed to be effective at the next
8 beginning of a County business day), provided that the sender maintains a machine
9 record of the completed transmission.
10 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
11 nothing in this Agreement establishes, waives, or modifies any claims presentation
12 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
13 of Title 1 of the Government Code, beginning with section 810).
14 Article 6
15 Termination and Suspension
16 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
17 contingent on the approval of funds by the appropriating government agency. If sufficient funds
18 are not allocated, then the County, upon at least 30 days' advance written notice to the
19 Subrecipient, may:
20 (A) Modify the services provided by the Subrecipient under this Agreement; or
21 (B) Terminate this Agreement.
22 6.2 Termination for Breach.
23 (A) Upon determining that a breach (as defined in paragraph (C) below) has
24 occurred, the County may give written notice of the breach to the Subrecipient. The
25 written notice may suspend performance under this Agreement, and must provide at
26 least 30 days for the Subrecipient to cure the breach.
27 (B) If the Subrecipient fails to cure the breach to the County's satisfaction within the
28 time stated in the written notice, the County may terminate this Agreement immediately.
7
1 (C) For purposes of this section, a breach occurs when, in the determination of the
2 County, the Subrecipient has:
3 (1) Obtained or used funds illegally or improperly;
4 (2) Failed to comply with any part of this Agreement;
5 (3) Submitted a substantially incorrect or incomplete report to the County; or
6 (4) Improperly performed any of its obligations under this Agreement.
7 6.3 Termination without Cause. In circumstances other than those set forth above, the
8 County or Subrecipient may terminate this Agreement by giving at least 30 days advance
9 written notice to the Subrecipient.
10 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
11 under this Article 6 is without penalty to or further obligation of the County.
12 6.5 County's Rights upon Termination. Upon termination for breach under this Article
13 6, the County may demand repayment by the Subrecipient of any monies disbursed to the
14 Subrecipient under this Agreement that, in the County's sole judgment, were not expended in
15 compliance with this Agreement. The Subrecipient shall promptly refund all such monies upon
16 demand. This section survives the termination of this Agreement.
17 Article 7
18 Independent Contractor
19 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
20 agents, employees, and volunteers, is at all times acting and performing as an independent
21 contractor, in an independent capacity, and not as an officer, agent, servant, employee,joint
22 venturer, partner, or associate of the County.
23 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
24 manner or method of the Contractor's performance under this Agreement, but the County may
25 verify that the Contractor is performing according to the terms of this Agreement.
26 7.3 Benefits. Because of its status as an independent Contractor, the Contractor has no
27 right to employment rights or benefits available to County employees. The Contractor is solely
28 responsible for providing to its own employees all employee benefits required by law. The
8
1 Contractor shall save the County harmless from all matters relating to the payment of
2 Contractor's employees, including compliance with Social Security withholding and all related
3 regulations.
4 7.4 Services to Others. The parties acknowledge that, during the term of this
5 Agreement, the Contractor may provide services to others unrelated to the County.
6 Article 8
7 Indemnity and Defense
8 8.1 Indemnity. The Subrecipient shall indemnify and hold harmless and defend the
9 County (including its officers, agents, employees, and volunteers) against all claims, demands,
10 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
11 liabilities of any kind to the County, the Subrecipient, or any third party that arise from or relate
12 to the performance or failure to perform by the Subrecipient (or any of its officers, agents,
13 subcontractors, or employees) under this Agreement. The County may conduct or participate in
14 its own defense without affecting the Subrecipient's obligation to indemnify and hold harmless or
15 defend the County.
16 8.2 Survival. This Article 8 survives the termination of this Agreement.
17 Article 9
18 Insurance
19 9.1 The Subrecipient shall comply with all the insurance requirements in Exhibit C to this
20 Agreement.
21 Article 10
22 Inspections, Audits, Record Maintenance, and Public Records
23 10.1 Inspection of Documents. The Subrecipient shall make available to the County,
24 and the County may examine at any time during business hours and as often as the County
25 deems necessary, all of the Subrecipient's records and data with respect to the matters covered
26 by this Agreement, excluding attorney-client privileged communications. The Subrecipient shall,
27 upon request by the County, permit the County to audit and inspect all of such records and data
28 to ensure the Subrecipient's compliance with the terms of this Agreement.
9
1 10.2 State Audit Requirements. If the compensation to be paid by the County under this
2 Agreement exceeds $10,000, the Subrecipient is subject to the examination and audit of the
3 California State Auditor, as provided in Government Code section 8546.7, for a period of three
4 years after final payment under this Agreement. This section survives the termination of this
5 Agreement.
6 10.3 Single Audit Clause. If Subrecipient expends Seven Hundred Fifty Thousand
7 Dollars ($750,000) or more in Federal and Federal flow-through monies annually, Subrecipient
8 agrees to conduct an annual audit in accordance with the requirements of the Single Audit
9 Standards as set forth in Office of Management and Budget (OMB) Title 2 of the Code of
10 Federal Regulations Part 200. Subrecipient shall submit said audit and management letter to
11 County. The audit must include a statement of findings or a statement that there were no
12 findings. If there were negative findings, Subrecipient must include a corrective action signed by
13 an authorized individual. Subrecipient agrees to take action to correct any material non-
14 compliance or weakness found as a result of such audit. Such audit shall be delivered to
15 County's DSS, Administration, for review within nine (9) months of the end of any fiscal year in
16 which funds were expended and/or received for the program. Failure to perform the requisite
17 audit functions as required by this Agreement may result in County performing the necessary
18 audit tasks, or at County's option, contracting with a public accountant to perform said audit, or,
19 may result in the inability of County to enter into future agreements with Subrecipient. All audit
20 costs related to this Agreement are the sole responsibility of Subrecipient.
21 10.4 Program Audit Requirements. A single audit report is not applicable if all
22 Subrecipient's Federal contracts do not exceed the Seven Hundred Fifty Thousand Dollars
23 ($750,000) requirement or Subrecipient's funding is through Drug related Medi-Cal. If a single
24 audit is not applicable, a program audit must be performed and a program audit report with
25 management letter shall be submitted by Subrecipient to County as a minimum requirement to
26 attest to Subrecipient's solvency. Said audit report shall be delivered to County's DSS,
27 Administration, for review no later than nine (9) months after the close of the fiscal year in which
28 the funds supplied through this Agreement are expended. Failure to comply with this Act may
10
1 result in County performing the necessary audit tasks or contracting with a qualified accountant
2 to perform said audit. All audit costs related to this Agreement are the sole responsibility of
3 Subrecipient who agrees to take corrective action to eliminate any material noncompliance or
4 weakness found as a result of such audit. Audit work performed by County under this paragraph
5 shall be billed to the Subrecipient at County cost, as determined by County's Auditor-
6 Controller/Treasurer-Tax Collector.
7 10.5 Record Establishment and Maintenance. Subrecipient shall establish and maintain
8 records in accordance with those requirements prescribed by County, with respect to all matters
9 covered by this Agreement. Subrecipient shall retain all fiscal books, account records and client
10 files for services performed under this Agreement for at least five (5) years from date of final
11 payment under this Agreement or until all State and Federal audits are completed for that fiscal
12 year, whichever is later.
13 (A) Cost Documentation. Subrecipient agrees to maintain records to verify costs
14 under this Agreement including a General Ledger, properly executed payrolls, time
15 records, invoices, vouchers, orders, proof of payment, and any other accounting
16 documents pertaining in whole or in part to this Agreement and they shall be clearly
17 identified and readily accessible. The support documentation must indicate the line
18 budget account number to which the cost is charged.
19 (B) Service Documentation. Subrecipient agrees to maintain records to verify
20 services under this Agreement including names and addresses of clients served, if
21 applicable, and the dates of service and a description of services provided on each
22 occasion. These records and any other documents pertaining in whole or in part to this
23 Agreement shall be clearly identified and readily accessible.
24 (C) County shall notify Subrecipient in writing within thirty (30) days of any potential
25 State or Federal audit exception discovered during an examination. Where findings
26 indicate that program requirements are not being met and State or Federal participation
27 in this program may be imperiled in the event that corrections are not accomplished by
28 Subrecipient within thirty (30) days of receipt of such notice from County, written
11
1 notification thereof shall constitute County's intent to terminate this Agreement.
2 10.6 Public Records. The County is not limited in any manner with respect to its public
3 disclosure of this Agreement or any record or data that the Subrecipient may provide to the
4 County. The County's public disclosure of this Agreement or any record or data that the
5 Subrecipient may provide to the County may include but is not limited to the following:
6 (A) The County may voluntarily, or upon request by any member of the public or
7 governmental agency, disclose this Agreement to the public or such governmental
8 agency.
9 (B) The County may voluntarily, or upon request by any member of the public or
10 governmental agency, disclose to the public or such governmental agency any record or
11 data that the Subrecipient may provide to the County, unless such disclosure is
12 prohibited by court order.
13 (C)This Agreement, and any record or data that the Subrecipient may provide to the
14 County, is subject to public disclosure under the Ralph M. Brown Act (California
15 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
16 (D)This Agreement, and any record or data that the Subrecipient may provide to the
17 County, is subject to public disclosure as a public record under the California Public
18 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
19 with section 6250) ("CPRA").
20 (E) This Agreement, and any record or data that the Subrecipient may provide to the
21 County, is subject to public disclosure as information concerning the conduct of the
22 people's business of the State of California under California Constitution, Article 1,
23 section 3, subdivision (b).
24 (F) Any marking of confidentiality or restricted access upon or otherwise made with
25 respect to any record or data that the Subrecipient may provide to the County shall be
26 disregarded and have no effect on the County's right or duty to disclose to the public or
27 governmental agency any such record or data.
28
12
1 (G) Notwithstanding sections A-F above, any information protected by law shall not
2 be subject to public disclosure.
3 10.7 Public Records Act Requests. If the County receives a written or oral request
4 under the CPRA to publicly disclose any record that is in the Subrecipient's possession or
5 control, and which the County has a right, under any provision of this Agreement or applicable
6 law, to possess or control, then the County may demand, in writing, that the Subrecipient deliver
7 to the County, for purposes of public disclosure, the requested records that may be in the
8 possession or control of the Subrecipient. Within five business days after the County's demand,
9 the Subrecipient shall (a) deliver to the County all of the requested records that are in the
10 Subrecipient's possession or control, together with a written statement that the Subrecipient,
11 after conducting a diligent search, has produced all requested records that are in the
12 Subrecipient's possession or control, or (b) provide to the County a written statement that the
13 Subrecipient, after conducting a diligent search, does not possess or control any of the
14 requested records. The Subrecipient shall cooperate with the County with respect to any County
15 demand for such records. If the Subrecipient wishes to assert that any specific record or data is
16 exempt from disclosure under the CPRA or other applicable law, it must deliver the record or
17 data to the County and assert the exemption by citation to specific legal authority within the
18 written statement that it provides to the County under this section. The Subrecipient's assertion
19 of any exemption from disclosure is not binding on the County, but the County will give at least
20 10 days' advance written notice to the Subrecipient before disclosing any record subject to the
21 Subrecipient's assertion of exemption from disclosure. The Subrecipient shall indemnify the
22 County for any court-ordered award of costs or attorney's fees under the CPRA that results from
23 the Subrecipient's delay, claim of exemption, failure to produce any such records, or failure to
24 cooperate with the County with respect to any County demand for any such records.
25 Article 11
26 Disclosure of Self-Dealing Transactions and Conflict of Interest
27 11.1 Applicability. This Article 11 applies if the Subrecipient is operating as a
28 corporation, or changes its status to operate as a corporation.
13
1 11.2 Duty to Disclose. If any member of the Subrecipient's board of directors is party to a
2 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
3 "Self-Dealing Transaction Disclosure Form" (Exhibit D to this Agreement) and submitting it to
4 the County before commencing the transaction or immediately after.
5 11.3 Definition. "Self-dealing transaction" means a transaction to which the Subrecipient
6 is a party and in which one or more of its directors, as an individual, has a material financial
7 interest.
8 11.4 Conflict of Interest. No officer, employee or agent of the County who exercises any
9 function or responsibility for planning and carrying out of the services provided under this
10 Agreement shall have any direct or indirect personal financial interest in this Agreement. In
11 addition, no employee of the County shall be employed by the Subrecipient under this
12 Agreement to fulfill any contractual obligations with the County. The Subrecipient shall comply
13 with all Federal, State of California and local conflict of interest laws, statutes and regulations,
14 which shall be applicable to all parties and beneficiaries under this Agreement and any officer,
15 employee or agent of the County.
16 Article 12
17 Medi-Cal Confidentiality
18 12.1 Conformance with Laws: All services performed by Subrecipient under this
19 Agreement shall be in strict conformance with all applicable Federal, State of California, and/or
20 local laws and regulations relating to confidentiality. Subrecipient shall require its employees,
21 agents, officers and subcontractors to comply with the provisions of Sections 10850 and
22 14100.2 of the Welfare and Institutions Code, as well as the California Department of Social
23 Services (CDSS) Manual of Policies and Procedures, Division 19-0000 and the California
24 Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section
25 2H. These Code sections provide that:
26 (A) All applications and records concerning any individual made or kept by any public
27 officer or agency in connection with the administration of any provision of the Welfare
28 and Institutions Code relating to Medicaid or any form of public social services for which
14
1 grants-in-aid are received by the State of California from the United States government
2 shall be confidential, and shall not be open to examination for any purpose not directly
3 connected with the administration of such public social services.
4 (B) No person shall publish or disclose or permit or cause to be published or
5 disclosed any list of persons receiving public social services, except as is provided by
6 law.
7 (C) No person shall publish, disclose, or use, or permit or cause to be published,
8 disclosed, or used any confidential information pertaining to an applicant or recipient,
9 except as is provided by laws.
10 (D) Subrecipient shall inform all of its employees, agents, officers and subcontractors
11 of the above provisions and that any person knowingly and intentionally violating such
12 provisions is guilty of a misdemeanor.
13 (E) In addition, Subrecipient, its employees, agents, and officers shall comply, and
14 require all of its subcontractors to comply, with (1) the DHCS Medi-Cal Privacy and
15 Security Agreement between the California DHCS and the County of Fresno that is then
16 in effect, and (2) the Privacy and Security Agreement between the CDSS and the
17 County of Fresno that is then in effect, both of which together shall be referred to in this
18 section as "the Agreements" and are incorporated herein by this reference. The current
19 versions of both the DHCS and CDSS Privacy and Security agreements are available
20 upon request or can be viewed at: nttps://www.fresnocountyca.gov/Departments/Social-
21 Services/DSS-Administration/Privacy-and-Security-AareementF. Subrecipient shall
22 insure that all personally identifiable information (PI I), as defined in the Agreements,
23 concerning program recipients shall be kept confidential and shall not be opened to
24 examination, publicized, disclosed, or used for any purpose not directly connected with
25 the administration of the program. Subrecipient shall use appropriate administrative,
26 physical, and technical safeguards to protect PI I, as set forth in the Agreements. Upon
27 discovery of a breach, security incident, intrusion, or unauthorized access, use, or
28 disclosure of PII, Subrecipient shall immediately report the incident to the County by
15
1 calling (559) 600-2300 or emailing the privacy mailbox at
2 dssprivacyincident(a)fresnocountyca.gov. Subrecipient shall certify that all employees,
3 agents, officers and subcontractors have received privacy and security training before
4 accessing any PH and have received refresher training annually, as required by the
5 Agreements.
6 Article 13
7 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
8 Lower Tier Covered Transactions.
9 13.1 County and Subrecipient recognize that Subrecipient is a recipient of State or
10 Federal assistance funds under the terms of this Agreement. By signing this Agreement,
11 Subrecipient agrees to comply with applicable Federal suspension and debarment regulations,
12 including but not limited to: 7 CFR 3016.35, 29 CRF 97.35, 45 CFR 92.35, and Executive Order
13 12549. By signing this Agreement, Subrecipient attests to the best of its knowledge and belief,
14 that it and its principals:
15 (A) Are not presently debarred, suspended, proposed for debarment, declared
16 ineligible, or voluntarily excluded from participation in this transaction by any Federal
17 department or agency; and
18 (B) Shall not knowingly enter into any lower tier covered transaction with an entity or
19 person who is debarred, suspended, proposed for debarment, declared ineligible, or
20 voluntarily excluded from participation in this transaction by any Federal department or
21 agency.
22 13.2 Subrecipient shall provide immediate written notice to County if at any time during
23 the term of this Agreement Subrecipient learns that the representations it makes above were
24 erroneous when made or have become erroneous by reason of changed circumstances.
25 13.3 Subrecipient shall include a clause titled "Certification Regarding Debarment,
26 Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transactions" and
27 similar in nature to this Article Thirteen (13) in all lower tier covered transactions and in all
28 solicitations for lower tier covered transactions.
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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 ///
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1 documentation of the name change, County will process the agreement. Payment of invoices
2 presented with a new name cannot be paid prior to approval of said agreement.
3 14.3 Public Information. Subrecipient shall disclose County as a funding source in all
4 public information and program materials developed in support of contracted services.
5 14.4 Non-Assignment. Neither party may assign its rights or delegate its obligations
6 under this Agreement without the prior written consent of the other party. Any transferee,
7 assignee or subcontractor will be subject to all applicable provisions of this Agreement, and all
8 applicable State and Federal regulations. Subrecipient shall be held primarily responsible by
9 County for the performance of any transferee, assignee or subcontractor unless otherwise
10 expressly agreed to in writing by County. The use of subcontractor by Subrecipient shall not
11 entitle Subrecipient to any additional compensation than provided for under this Agreement.
12 14.5 Governing Law. The laws of the State of California govern all matters arising from
13 or related to this Agreement.
14 14.6 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
15 County, California. Subrecipient consents to California jurisdiction for actions arising from or
16 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
17 brought and maintained in Fresno County.
18 14.7 Construction. The final form of this Agreement is the result of the parties' combined
19 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
20 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
21 against either party.
22 14.8 Days. Unless otherwise specified, "days" means calendar days.
23 14.9 Headings. The headings and section titles in this Agreement are for convenience
24 only and are not part of this Agreement.
25 14.10 Severability. If anything in this Agreement is found by a court of competent
26 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
27 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
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1 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
2 intent.
3 14.11 Nondiscrimination. During the performance of this Agreement, the Subrecipient
4 shall not unlawfully discriminate against any employee or applicant for employment, or recipient
5 of services, because of race, religious creed, color, national origin, ancestry, physical disability,
6 mental disability, medical condition, genetic information, marital status, sex, gender, gender
7 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
8 all applicable State of California and federal statutes and regulation.
9 (A) Domestic Partners and Gender Identity. For State fund-funded contracts of
10 $100,000 or more, Subrecipient certifies that it complies with Public Contract Code
11 Section 10295.3.
12 (B) Americans with Disabilities Act. Subrecipient shall comply with the Americans
13 with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
14 disability, as well as all applicable regulations and guidelines issued pursuant to the ADA
15 (42 U.S.C. 12101 et seq.).
16 (C) Subrecipient shall include the non-discrimination and compliance provisions of
17 this section in all subcontracts to perform work under this Agreement.
18 14.12 Limited English Proficiency. Subrecipient shall provide interpreting and translation
19 services to persons participating in Subrecipient's services who have limited or no English
20 language proficiency, including services to persons who are deaf or blind. Interpreter and
21 translation services shall be provided as necessary to allow such participants meaningful
22 access to the programs, services and benefits provided by Subrecipient. Interpreter and
23 translation services, including translation of Subrecipient's "vital documents" (those documents
24 that contain information that is critical for accessing Subrecipient's services or are required by
25 law) shall be provided to participants at no cost to the participant. Subrecipient shall ensure that
26 any employees, agents, subcontractors, or partners who interpret or translate for a program
27 participant, or who directly communicate with a program participant in a language other than
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1 English, demonstrate proficiency in the participant's language and can effectively communicate
2 any specialized terms and concepts peculiar to Subrecipient's services.
3 14.13 Drug-Free Workplace Requirements. For purposes of this paragraph, Subrecipient
4 will be referred to as the "grantee". By drawing funds against this grant award, the grantee is
5 providing the certification that it is required by regulations implementing the Drug-Free
6 Workplace Act of 1988, 45 CFR Part 76, Subpart F. These regulations require certification by
7 grantees that they will maintain a drug-free workplace. False certification or violation of the
8 certification shall be grounds for suspension of payments, suspension or termination of grants,
9 or government wide suspension or debarment. Subrecipient shall also comply with the
10 requirements of the Drug-Free Workplace Act of 1990 (California Government Code section
11 8350 et seq.).
12 14.14 Grievances. Subrecipient shall establish procedures for handling client complaints
13 and/or grievances. Such procedures will include provisions for informing clients of their rights to
14 a State Hearing to resolve such issues when appropriate.
15 14.15 Lobbying and Political Activity. None of the funds provided under this Agreement
16 shall be used for publicity, lobbying or propaganda purposes designed to support or defeat
17 legislation pending in the Congress of the United States of America or the Legislature of the
18 State of California. Subrecipient shall not directly or indirectly use any of the funds under this
19 Agreement for any political activity or to further the election or defeat of any candidate for public
20 office.
21 14.16 Clean Air Act and the Federal Water Pollution Control Act. If the compensation
22 to be paid by the County under this Agreement exceeds One Hundred Fifty Thousand and
23 No/100 Dollars ($150,000) of Federal funding, Subrecipient agrees to comply with all applicable
24 standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)
25 and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations
26 must be reported to the Federal awarding agency and the Regional Office of the Environmental
27 Protection Agency (EPA).
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1 14.17 Procurement of Recovered Materials. If compensation to be paid by the County
2 under this Agreement is funded in whole or in part with Federal funding, In the performance of
3 this Agreement, Subrecipient shall comply with section 6002 of the Solid Waste Disposal Act, as
4 amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
5 include procuring only items designated in guidelines of the Environmental Protection Agency
6 (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
7 practicable, consistent with maintaining a satisfactory level of competition, where the purchase
8 price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
9 fiscal year exceeded $10,000; procuring solid waste management services in a manner that
10 maximizes energy and resource recovery; and establishing an affirmative procurement program
11 for procurement of recovered materials identified in the EPA guidelines.
12 14.18 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
13 of the Subrecipient under this Agreement on any one or more occasions is not a waiver of
14 performance of any continuing or other obligation of the Subrecipient and does not prohibit
15 enforcement by the County of any obligation on any other occasion.
16 14.19 Child Support Compliance Act. If compensation to be paid by the County under
17 this Agreement includes State funding in excess of$100,000, the Subrecipient acknowledges in
18 accordance with Public Contract Code 7110, that:
19 (A) Subrecipient recognizes the importance of child and family support obligations
20 and shall fully comply with all applicable state and federal laws relating to child and
21 family support enforcement, including, but not limited to, disclosure of information and
22 compliance with earnings assignment orders, as provided in Chapter 8 (commencing
23 with section 5200) of Part 5 of Division 9 of the Family Code; and
24 (B) Subrecipient to the best of its knowledge is fully complying with the earnings
25 assignment orders of all employees and is providing the names of all new employees to
26 the New Hire Registry maintained by the California Employment Development
27 Department.
28 14.20 Priority Hiring Considerations. If compensation to be paid by the County under this
21
1 Agreement includes State funding and services in excess of$200,000, Subrecipient shall give
2 priority consideration in filling vacancies in positions funded by the Agreement to qualified
3 recipients of aid under Welfare and Institutions Code Section 11200, in accordance with Public
4 Contract Code Section 10353.
5 14.21 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
6 between the Subrecipient and the County with respect to the subject matter of this Agreement,
7 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
8 publications, and understandings of any nature unless those things are expressly included in
9 this Agreement. If there is any inconsistency between the terms of this Agreement without its
10 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
11 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
12 exhibits.
13 14.22 No Third-Party Beneficiaries. This Agreement does not and is not intended to
14 create any rights or obligations for any person or entity except for the parties.
15 14.23 Authorized Signature. The Subrecipient represents and warrants to the County
16 that:
17 (A) The Subrecipient is duly authorized and empowered to sign and perform its
18 obligations under this Agreement.
19 (B) The individual signing this Agreement on behalf of the Subrecipient is duly
20 authorized to do so and his or her signature on this Agreement legally binds the
21 Subrecipient to the terms of this Agreement.
22 14.24 Electronic Signatures. The parties agree that this Agreement may be executed by
23 electronic signature as provided in this section.
24 (A) An "electronic signature" means any symbol or process intended by an individual
25 signing this Agreement to represent their signature, including but not limited to (1) a
26 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
27 electronically scanned and transmitted (for example by PDF document) version of an
28 original handwritten signature.
22
1 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
2 equivalent to a valid original handwritten signature of the person signing this Agreement
3 for all purposes, including but not limited to evidentiary proof in any administrative or
4 judicial proceeding, and (2) has the same force and effect as the valid original
5 handwritten signature of that person.
6 (C)The provisions of this section satisfy the requirements of Civil Code section
7 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
8 Part 2, Title 2.5, beginning with section 1633.1).
9 (D) Each party using a digital signature represents that it has undertaken and
10 satisfied the requirements of Government Code section 16.5, subdivision (a),
11 paragraphs (1) through (5), and agrees that each other party may rely upon that
12 representation.
13 (E) This Agreement is not conditioned upon the parties conducting the transactions
14 under it by electronic means and either party may sign this Agreement with an original
15 handwritten signature.
16 14.25 Counterparts. This Agreement may be signed in counterparts, each of which is an
17 original, and all of which together constitute this Agreement.
18 [SIGNATURE PAGE FOLL0INS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
Reading a Beyond County of Fresno
3
4 c. l
5 Sandra Flores, Chief Executive Officer Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
6 4670 E Butler Avenue
Fresno, CA 93727 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: Reading and Beyond
ADDRESS: 4670 E. Butler Avenue, Fresno, CA 93702-4608
SERVICE ADDRESS: 4670 E. Butler Avenue, Fresno, CA 93702-4608
SERVICES: CalFresh Employment and Training
TELEPHONE: (559) 342-8616
CONTACT: Sandra Flores, Chief Executive Officer
EMAIL: sflores@readingandbeyond.org
CONTRACT PERIOD: Term 1: October 1, 2024,through September 30, 2025 (Base)
Term 2: October 1, 2025,through September 30, 2026 (Optional)
Term 3: October 1, 2026,through September 30, 2027 (Optional)
I. SUMMARY OF SERVICES
Reading and Beyond (RaB) shall provide a CalFresh Employment and Training (CFET)
program for CalFresh recipients. Program components will include Supervised Job Search,
Education, and Job Retention. Dependent on individual needs, RaB shall provide additional
services to improve employment, including but not limited to, supportive services,
information, and referral services to external partners.
II. TARGET POPULATION
The target population are Non-Assistance CalFresh (NACF) recipients who meet the Work-
Registrant criteria and reside in Fresno County. Referral to the CFET program will be
dependent on Departmental Eligibility Workers' determination of the client's eligibility and
willingness to participate. The majority of services will be provided in metropolitan (metro)
Fresno with services for rural participants delivered as mutually determined in Reedley,
Selma, Kerman, or Coalinga.
III. SUBRECIPIENT RESPONSIBILITIES
RaB will receive direct referrals from the Department for enrollment into the CFET program.
When a referral is received, RaB will review the referral, conduct a comprehensive intake
assessment, and work with the participant to develop an Individualized Service Plan (ISP).
RaB may reverse-refer potential clients to the Department to request a screening and
referral for the program. The client may be referred to RaB for enrollment into the CFET
program.
A-1
Exhibit A
RaB will ensure all participants enrolled in the CFET program are CalFresh eligible.
Eligibility verification will be completed monthly to ensure participants remain eligible to the
program. RaB will not deny services to any participant sent by the Department that is
determined eligible. RaB will not terminate a participant from the CFET program without
first discussing the reasoning and possible alternatives with the Department.
RaB 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.
RaB will meet with 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.
RaB shall provide the following:
A. Operational Hours
1. Hours of operation are Monday through Friday 8:OOam-5:OOpm.
B. Intake, Orientation and Assessment
1. A Career and Family Navigator (CFN) with RaB will perform a brief intake of all
referrals sent by the Department within five business days, build the case file, and
schedule the Orientation and Assessment.
2. Assessment and Orientation will be conducted on an individual basis by a CFN,
generally this CFN becomes the case manager. Orientation and Assessment
includes:
a) Verification of eligibility for CFET
b) Collection of participant data for the case file
c) Review of RaB policies and procedures
d) Test of Adult Basic Education (TABE)
e) O*Net Skills Assessment
f) Barriers to Success Inventory (BEST)
3. An Individualized Service Plan (ISP) developed jointly by the participant and RaB.
which includes:
a) Participation in the appropriate CFET component(s)
b) Services to be provided by RaB
c) An opportunity to change the plan at the request of participant
4. RaB will attempt to contact participants who fail to attend their scheduled
Orientation/Assessment 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) Email
d) Letter
A-2
Exhibit A
C. Supervised Job Search
1. RaB will assist participants with building skills required to effectively search for and
obtain employment.
2. RaB will guide participants toward appropriate job opportunities and assist with the
application process as needed.
3. Supervised Job Search (SJS) services and activities include, but are not limited to
the following:
a) Job search training
• Basic computer skills
• Online and handwritten application processes
• Effective job searching techniques
b) Comprehensive interview preparation
• Resume & Cover Letter Preparation
• Mock interviews
• Face-to-face and telephone interview skills
• Appropriate dress and hygiene
c) Obtaining and retaining employment
• Career coaching
• Job opportunities
• Common workplace etiquette
• Understanding employer expectations
• Effective communication
• Teamwork
• Problem solving
d) Social support development
e) Financial counseling & budget planning
f) Supportive services (Participant reimbursements)
4. Participants in supervised job search must have a minimum of one meeting per
week with a qualified staff member to review job search activities, receive feedback,
troubleshoot issues, and discuss next steps.
D. Education
1. Participants interested in acquiring additional education may be provided the
following as needed:
a) Adult Basic Education (ABE) and/or Foundational Skills Instruction
High School Diploma, General Education Diploma (GED) and/or courses that
improve basic literacy, numeracy, and transferrable skills.
b) Career and Technical Education (CTE) and/or Vocational Training
Courses or programs of study that are part of a program of career and
A-3
Exhibit A
technical education as defined in Section 3 of the Carl D. Perkins Act of 2006.
c) English Language Acquisition (ELA)
Examples of ELA include, but are not limited to ESL, ELL and vocational
English as a second language. Courses should be designed to increase
competence in reading, writing, speaking, and comprehension of the English
language.
d) Integrated Education and Training (IET) or Bridge Programs
These programs combine basic skill instruction in reading, math, writing,
English language, and GED test preparation with occupational content,
employment skills, and college success strategies.
e) Work Readiness Training (WRT)
WRT can include instruction of topics such as general skills building,
developing good work habits, and building a work history. Work readiness
skills are often referred to as soft skills.
f) Enrollment in Fresno Regional Workforce Development Board (WDB)
sponsored trainings.
2. For participants interested in certificate or vocational training, RaB will assist with
finding an approved local training provider.
3. Approved institutions can be found at California Community Colleges site
(ccco.edu) or California Adult Education site (caladulted.org). Participants
attending an institution not listed may be pre-approved by the Department.
4. All other sources of funding for education must be explored, including other
educational grants such as the Pell grant, excluding student loans, before CFET
funds are used for tuition. The cost of tuition must be the same for CFET
participants as it is for students not participating in CFET.
E. Job Retention
1. RaB will provide case management and reimbursement for job related needs for up
to 90 days from the date of employment, including but not limited to:
a) Transportation to and from authorized activities
b) Work-related clothing
c) Work-related tools
d) Work licenses such as job training certifications
2. RaB will make weekly contact with participants to discuss status of employment
including job satisfaction and address any possible concerns the participant may
have.
3. If termination from the job occurs, RaB will:
A-4
Exhibit A
a) Meet with participant to discuss the reason for termination and connect any
issues back to the lessons learned in SJS by reviewing the curriculum.
b) Work with participant to ensure job readiness.
c) Connect participant to new job opportunities.
F. Ancillary/Participant Reimbursement
RaB is required to provide supportive services to participants for expenses that are
directly related to participation in the CFET program. Expenses must be reasonable,
necessary, follow the CFET guidelines and be approved by the Department. Supportive
services, include transportation and ancillary expenses. 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.
G. Disengaged Participants
1. RaB will attempt to contact disengaged participants by:
a) Contacting the participant by phone, text, and email twice per week for two
weeks.
b) Send a letter to those not reached by phone, text, and email.
2. Participants will have 10 days from the final notice to schedule and comply with an
in-office appointment or CFET services will be discontinued.
3. RaB will notify DSS within five business days of a participant becoming disengaged.
H. Referrals
RaB will refer participants, when needed, to external supportive services including but
not limited to mental health services, legal assistance, and family counseling.
I. Rural Participants
1. RaB will provide the same employment and training services provided in metro
Fresno to rural participants in Reedley, Selma, Kerman, and Coalinga. RaB will
contact the Department representative at the appropriate rural DSS office to
reserve the office space for CFET service delivery.
2. RaB will have access to space to conduct Orientation in the rural DSS Office.
3. Services will be provided on a set schedule mutually agreed upon by the
Department and RaB consisting of visits once a month at minimum.
4. Participants will be seen by appointment at the DSS rural offices.
J. Case Documentation and Reports
RaB will maintain accurate and timely case documentation which includes, but is not
limited to:
1. Job search records
2. Job application, Resume and Cover Letter
3. Employment data entered weekly including:
a) Start date
b) Hours worked per week
c) Pay rate
d) Timesheets/Schedule
5. Component data entered weekly including:
A-5
Exhibit A
a) Attendance
b) Grade (if applicable to the education component)
c) Completion records
d) Other relevant information pertaining to the component
6. Case narrative including:
a) Chronological record of individual interviews
b) Counseling sessions
c) Referred Services
d) Other relevant contacts with participants
e) Termination summary indicating the reason for termination from the
program, services provided, and outcomes
f) A completion summary indicating services provided and outcomes
7. Signed and dated ISP
8. Signed and dated Grievance Procedure
RaB will provide participant data reports to the Department on a weekly, monthly, and
quarterly basis. Requested data will include, but is not limited to:
1. Number of referrals from the Department
2. Number of participants that were enrolled into CFET services
3. Number of referred clients who did not enroll and reason for declining service.
4. Number of referred clients who were not responsive and contact attempts made.
5. Number of participants to become employed
6. Number of participants engaged in each component, including Orientation and
Assessment.
IV. COUNTY RESPONSIBILITIES
The Department shall be responsible for referring eligible NACF recipients to RaB for
assessment and enrollment to the CFET program.
The Department shall meet with RaB 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
RaB 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.
RaB shall meet the following performance outcomes:
1. Participant Enrollment: A minimum of 60% of CalFresh recipients who meet the
Work Registrant criteria referred by DSS will be enrolled into CalFresh CFET Services
each Fiscal Year.
A-6
Exhibit A
2. Educational/Vocational Program: A minimum of 70% of participants who have
enrolled in the Education component will complete their program with the
accompanying certificate each Fiscal Year.
3. Employment (Part-Time): A minimum of 50% of all enrolled participants will find
gainful employment, working an average of 20 hours or more per week each Fiscal
Year.
4. Employment (Full-Time): A minimum of 35% of all enrolled participants*will find full-
time employment, working 32-40 hours per week and indicating a potential reduction
or termination of CalFresh benefits each Fiscal Year.
5. Job Retention: A minimum of 70% of participants who completed the Job Retention
component will remain employed 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-7
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: Reading and Beyond
SERVICES: CalFresh Employment and Training
CONTRACT PERIOD: October 1, 2024 through September 30, 2027
CONTRACT AMOUNT: Not to exceed $1,398,246.00
TOTAL MAXIMUM COMPENSATION
BUDGET CATEGORIES AMOUNT
100% ADMINISTRATION
Salaries & Benefits $120,000
Services & Supplies $12,000
Total 100% Admin Funds $132,000
50/50 ADMINISTRATION
Salaries & Benefits $140,865
Services & Supplies $174,135
Maximum Subrecipient Administrative Cash Match ($157,500)
Total 50/50 Admin Funds $157,500
100% ADMINISTRATION (REALLOCATED)
Salaries & Benefits $795,687
B-1
Exhibit B
Services & Supplies $245,559
Total Reallocated 100% Admin Funds $1,041,24.
Total Administration Reimbursement $1,330,746
PARTICIPANT REIMBURSEMENT
Maximum Ancillary/Support Services Expenditures $67,500
Maximum Subrecipient Ancillary Cash Match Required ($67,500)
Total Ancillary Reimbursement $67,500
Total CFET Reimbursement $1,398,246
B-2
Exhibit B
BUDGET SUMMARY
ORGANIZATION: Reading and Beyond
SERVICES: CalFresh Employment and Training
CONTRACT PERIOD: October 1, 2024 through September 30, 2025
CONTRACT AMOUNT: Not to exceed $466,082.00
100% ADMINISTRATIVE EXPENDITURES
(Not to exceed $44,000)
BUDGET CATEGORIES ACCOUNT NUMBER AMOUNT
SALARIES & BENEFITS
Salaries 0100 $27,652
Payroll Taxes 0150 $2,393
Benefits 0200 $9,955
Salaries & Benefits Subtotal $40,000
SERVICES & SUPPLIES
Insurance 0250 $0
Communications 0300 $0
Office Expense 0350 $0
Office Rental — Facilities 0450 $0
Equipment Rental 0400 $0
Tuition 0460 $0
Transportation — Mileage 0700 $0
Program Supplies 0550 $0
Indirect Costs * 0850 $4,000
Services & Supplies Subtotal $4,000
Total Administration Reimbursement $44,000
*May only be billed at 10% of actual expenditures
B-3
Exhibit B
50/50 ADMINISTRATIVE EXPENDITURES
(Not to exceed $52,500)
BUDGET CATEGORIES ACCOUNT NUMBER AMOUNT
SALARIES & BENEFITS
Salaries 0100 $36,176
Payroll Taxes 0150 $3,129
Benefits 0200 $7,650
Salaries & Benefits Subtotal $46,955
SERVICES & SUPPLIES
Insurance 0250 $500
Communications 0300 $4,500
Office Expense 0350 $2,400
Office Rental — Facilities 0450 $6,000
Equipment Rental 0400 $0
Tuition 0460 $34,100
Transportation — Mileage 0700 $1,000
Program Supplies 0550 $0
Indirect Costs * 0850 $9,545
Services & Supplies Subtotal $58,045
Maximum Administration Expenditures $105,000
Maximum Subrecipient Cash Match Required ($52,500)
Total Administration Reimbursement $52,500
*May only be billed at 10% of actual expenditures
B-4
Exhibit B
100% REALLOCATED ADMINISTRATIVE EXPENDITURES
(Not to exceed $347,082)
BUDGET CATEGORIES ACCOUNT NUMBER AMOUNT
SALARIES & BENEFITS
Salaries 0100 $183,445
Payroll Taxes 0150 $15,868
Benefits 0200 $65,916
Salaries & Benefits Subtotal $265,229
SERVICES & SUPPLIES
Insurance 0250 $1,000
Communications 0300 $4,000
Office Expense 0350 $1,000
Office Rental — Facilities 0450 $10,000
Equipment Rental 0400 $0
Tuition 0460 $33,300
Transportation — Mileage 0700 $1,000
Program Supplies 0550 $0
Indirect Costs * 0850 $31,553
Services & Supplies Subtotal $381,853
Total Administration Reimbursement $347,082.00
*May only be billed at 10% of actual expenditures
B-5
Exhibit B
50/50 PARTICIPANT REIMBURSEMENT
Maximum Ancillary/Support Services Expenditures*: $45,000.00
Maximum Subrecipient Cash Match Required: ($22,500.00)
Total Ancillary Reimbursement: $22,500.00
*Ancillary/Support Services Reimbursements to Participants May Include:
• Transportation in the form of bus tickets, monthly bus passes, or gas vouchers
• Work clothing and uniforms
• Books and school supplies
• Work tools or other necessary equipment
• Minor Vision correction (such as eye exam, eyeglasses, bifocals, capped at $150 per
participant during the FFY)
• Basic dental work (such as teeth cleaning)
• Minor automobile repairs (capped at$250 per participant during the FFY)
• Test fees
• Union Dues
• Licensing and bonding fees
• Housing assistance (Up to two (2) months)
BUDGET TOTAL 24-25
Total Administration Reimbursement $443,582.00
Total Ancillary Reimbursement $22,500.00
Total CFET Reimbursement $466,082.00
Allowable reimbursements must average$150 per client and be reasonable and necessary, follow CFET
guidelines and be approved by the Department. See Exhibit B for more detail.
B-6
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.
C-3
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:
D-2