Loading...
HomeMy WebLinkAboutM-24-540 Center For Employment Opportunities Inc.pdf M-24-540 MEMORANDUM OF UNDERSTANDING BETWEEN County of Fresno Department of Social Services and Center for Employment Opportunities (CEO) of Fresno County THIS MEMORANDUM OF UNDERSTANDING, hereinafter referred to as MOU, is made and entered into this 1st day of October 2024 by and between County of Fresno Department of Social Services, hereinafter referred to as "COUNTY" and Center for Employment Opportunities, Inc., a New York non- profit corporation, hereinafter referred to as PROVIDER. It is expressly understood and agreed by all participants as follows: I. Purpose This MOU establishes a collaborative for the CalFresh Employment and Training (CFET) Pro- gram whose purpose is to increase CalFresh participants' employability by providing employer- valued skills training and supporting participants' ability to afford costs associated with the em- ployment and training program. PROVIDER contracts directly with the California Department of Social Services (CDSS) as a Statewide Third-Party Partner to provide Employment and Training activities for the CalFresh program. This MOU will define the areas of responsibilities for inter- agency cooperation to facilitate implementation. II. Responsibilities of Collaborative Partners To ensure collaboration occurs as needed in order to enable the services PROVIDER has con- tracted directly with CDSS, the parties will meet the following responsibilities: A. RESPONSIBILITIES OF PROVIDER PROVIDER shall: 1. Identify and assess potential participants; 2. Implement program, actively managing daily administrative, fiscal, and programmatic ac- tivities and incorporating relevant rules, guidelines, forms, templates, policies, and pro- cedures; 3. Ensure that participants are actively participating in the program; 4. Confirm that participants are CFET eligible for each month in which they receive CFET services using CalFresh Confirm or other available sources; 5. Obtain and record ABAWD status from COUNTY or other available sources for each new participant upon entry to the program and at the start of each federal fiscal year for continuing participants; 6. Maintain and submit records for quarterly and annual reporting requirements; 7. Participate in any necessary planning for the end of the ABAWD waiver and collaborate with COUNTY to develop systems to comply with state and federal requirements as needed; and 8. Cooperate with program and fiscal reviews and address any corrective actions. B. RESPONSIBILITIES OF COUNTY COUNTY shall: 1. Refer appropriate CalFresh participants to PROVIDER by placing flyers and other infor- mational material provided by PROVIDER in COUNTY office lobbies; 1 M-24-540 2. Accurately determine eligibility and enroll all eligible applicants referred by PROVIDER into CalFresh; 3. Ensure PROVIDER has access to data required to confirm CFET eligibility of potential participants and CalFresh Able-Bodied Adults Without Dependents (ABAWD) status for each successfully enrolled participant; 4. Ensure PROVIDER has access to current and accurate monthly data on continuing CFET eligibility of participants until such time as PROVIDER can obtain required data through the California Department of Social Services' CalFresh Confirm system; 5. Approve PROVIDERS' access to CalFresh Confirm by delegating authority for approval per the processes required by the CDSS; 6. Safeguard confidentiality of PROVIDER information and data in accordance with CalFresh policies; 7. Integrate tabulated data on participation from PROVIDER into quarterly STAT 47 reports; 8. Participate in any necessary planning for the end of the ABAWD waiver and collaborate with PROVIDER to develop systems to comply with state and federal requirements as needed; and 9. Cooperate with program and fiscal reviews and address any corrective actions. III. Compensation The parties agree that no compensation shall be paid by either party to the other party for ser- vices rendered under this MOU. IV. Term This MOU shall be effective October 1, 2024, between the COUNTY and PROVIDER and shall remain in effect until September 30, 2025. This MOU may be extended for two (2) additional one-year terms upon written approval of both parties no later than thirty (30) days prior to the first day of the next extension period, unless terminated or otherwise amended before that date. The Purchasing Manager or designee is authorized to execute such written approval on behalf of COUNTY based on PROVIDER' s satisfactory performance. V. Notice A. Any notice, demand, request, consent, or approval that either party provides pursuant to this MOU shall be in writing and shall be either personally delivered or sent by mail or email, ad- dressed as follows: COUNTY PROVIDER County of Fresno Center for Employment Opportunities Director, Department of Social Services Deputy Executive Director 205 W. Pontiac Way, Bldg. 2 1320 East 7th St., Suite 240 Clovis, CA 93612 Los Angeles, CA 90021 B. Either party may change the address to which subsequent notice and/or other communica- tions can be sent by giving written notice designating a change of address to the other party, which shall be effective upon receipt. 2 M-24-540 C. For all claims arising out of or related to this MOU, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Govern- ment Code, beginning with section 810). VI. Compliance with Laws The parties shall observe and comply with all applicable Federal, State, and County laws, regu- lations, and ordinances. VII. Confidentiality and Security All services performed by PROVIDER under this MOU shall be in strict conformance with all ap- plicable Federal, State of California, and/or local laws and regulations relating to confidentiality. PROVIDER shall require its employees, agents, officers and subcontractors to comply with the provisions of Sections 10850 and 14100.2 of the Welfare and Institutions Code, as well as the California Department of Social Services (COSS) Manual of Policies and Procedures, Division 19-0000 and the California Department of Health Care Services (DHCS) Medi-Cal Eligibility Pro- cedures Manual, Section 2H. These Code sections provide that: A. All applications and records concerning any individual receiving services pursuant to this MOU are confidential and are not open to examination for any purpose not directly con- nected with the administration, performance compliance, monitoring, evaluation, or auditing of the program. B. No person shall publish, disclose or use or permit or cause to be published or disclosed any list of persons receiving public social services, except as is provided by law.Any inadvertent or willful disclosure of any confidential information may result in criminal penalties. C. No person shall publish, disclose, or use or permit or cause to be published, disclosed or used any confidential information pertaining to an applicant or recipient, except as is pro- vided by laws. D. PROVIDER shall inform all of its employees, agents, officers and subcontractors of the above provisions and that any person knowingly and intentionally violating such provisions is guilty of a misdemeanor. The current versions of both the DHCS and COSS Privacy and Security Agreements are availa- ble upon request or can be viewed at: htti3s://www.fresnocountyca.gov/Departments/Social-Ser- vices/DSS-Administration/Privacy-and-Security-Agreements. PROVIDER shall insure that all personally identifiable information (PII), as defined in the DHCS and COSS Privacy and Security Agreements, concerning program recipients shall be kept confidential and shall not be opened to examination, publicized, disclosed, or used for any purpose not directly connected with the administration of the program. PROVIDER shall use appropriate administrative, physical, and technical safeguards to protect PII, as set forth in the DHCS and COSS Privacy and Security Agreements. Upon discovery of a breach, security incident, intrusion, or unauthorized access, use, or disclosure of PII, PROVIDER shall immediately report the incident to the COUNTY by 3 M-24-540 calling (559) 600-2300 or E-mailing at dssprivacyofficer(a)-fresnocountyca.gov. PROVIDER shall certify that all employees, agents, officers and subcontractors have received privacy and secu- rity training before accessing any PH and have received refresher training annually, as required by the Agreements. Vill. Conflict of Interest No party or their officers or employees shall have a financial interest, or acquire any financial interest, direct or indirect, in any business, property, or source of income which could be finan- cially affected by or otherwise conflict in any manner or degree with the performance of services required under this MOU. IX. Non-Discrimination in Employment, Service, Benefits and Facilities The parties, with regards to the work performed by them under this MOU, shall not unlawfully discriminate on the ground of race, color, national origin, ancestry, religion, sex, age, marital sta- tus, disability, veteran status, sexual orientation, or medical condition as defined in Section 12926 of the California Government Code. In all solicitations made for work to be performed un- der any subcontract, that party shall notify each potential subcontractor or supplier of its obliga- tion under this MOU and applicable statutes and regulations. Neither party shall participate ei- ther directly or indirectly in discrimination prohibited applicable statutes and regulations. The parties agree and assure that they and any subcontractors shall comply with all applicable Federal, State, and local anti-discrimination laws, regulations, and ordinances and shall not un- lawfully discriminate, harass, or allow harassment against any employee, applicant for employ- ment, or recipient of services contemplated to be provided or provided under this MOU, be- cause of race, ancestry, marital status, color, religious creed, political belief, national origin, eth- nic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. The parties represent that they are complying with and agree that they will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq) and regulations and guidelines issued pursuant thereto. PROVIDER shall provide all eligible activities under this MOU in a manner that is free from religious influences. PROVIDER shall include this nondis- crimination provision in all subcontracts related to this MOU. X. Indemnification PROVIDER shall indemnify and hold harmless and defend COUNTY (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, ex- penses (including attorney fees and costs), fines, penalties, and liabilities of any kind to COUNTY or any third party that arise from or relate to the performance or failure to perform by PROVIDER (or any of its officers, agents, subcontractors, or employees) under this Agreement. COUNTY may conduct or participate in its own defense without affecting PROVIDER's obliga- tion to indemnify and hold harmless or defend COUNTY. COUNTY shall indemnify and hold harmless and defend PROVIDER (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, 4 M-24-540 expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to PRO- VIDER or any third party that arise from or relate to the performance or failure to perform by COUNTY (or any of its officers, agents, subcontractors, or employees) under this Agreement. PROVIDER may conduct or participate in its own defense without affecting COUNTY's obliga- tion to indemnify and hold harmless or defend PROVIDER. It is the intention of the parties that the provisions of this paragraph be interpreted to make each party responsible to the other for the acts and omissions of their respective officers, directors, agents, employees, volunteers, COUNTY's Board of Supervisors, and PROVIDER subcontrac- tors. It is also the intention of the parties that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each party shall bear the proportionate cost of any damage attributable to the fault of that party, its officers, directors, agents, employees, volunteers, COUNTY's Board of Supervisors and PROVIDER subcontrac- tors. This Section X survives the termination of this Agreement. XI. Insurance Through self-insurance and/or insurance programs, the parties finance their general liability 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), professional liability with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000), cyber-liability with limits of not less than Two Million Dollars ($2,000,000) per oc- currence, and workers' compensation risks. XII. Subcontracts, Assignment PROVIDER shall inform COUNTY before subcontracting any of the services delivered under this Agreement. PROVIDER remains legally responsible for the performance of all MOU terms including work performed by third parties under subcontracts. In the event of such subcontract- ing, any subcontractor or assignee is subject to the same provisions for providing service as is the PROVIDER. The PROVIDER must monitor, evaluate, and account for the subcontractor's/ assignee's services and operations. XIII. Reports PROVIDER shall make program evaluation, progress, and such other reports as may be rea- sonably required by COUNTY concerning PROVIDER's activities as they affect the MOU duties and purposes herein. COUNTY shall explain procedures for reporting the required information. COUNTY shall make available data, records, or other information needed by PROVIDER for purposes of reporting, documentation, or evaluation of Fresh Success. XIV. Audits and Records Upon request, COUNTY or its designee shall have the right at reasonable times and intervals to audit, at PROVIDER ' premises, PROVIDER program records as COUNTY deems necessary to determine PROVIDER compliance with legal and contractual requirements and the correctness of reports submitted by PROVIDER. PROVIDER shall maintain such records for a period of 5 M-24-540 three years following termination of the MOU and shall make them available for copying upon COUNTY's request at COUNTY's expense. Should any findings be noted in the audit report, PROVIDER must submit an action plan with the audit report detailing how the finding will be ad- dressed. Federal regulations require all findings to be corrected within six months after receipt of the audit report. XV. Disputes The parties acknowledge that issues may arise that require resolution between the parties. Both organizations agree to meet and confer to resolve such issues. Either party may notify the other party upon a 48-hour telephone notice or three-day written notice whenever a party desires to meet and confer and the other party shall attend on a mutually agreed date, time, and location. Pending resolution of any such dispute, PROVIDER shall continue without delay to carry out all its responsibilities under this MOU unless the MOU is otherwise terminated in accordance with the Termination provisions herein. If the dispute cannot be resolved within 15 calendar days of initiating such negotiations or such other time period as may be mutually agreed to by the par- ties in writing, either party may pursue its available legal and equitable remedies, pursuant to the laws of the State of California. Nothing in this MOU or provision shall constitute a waiver of any of the government claim filing requirements set forth in Title 1, Division 3.6, of the California Government Code or as otherwise set forth in local, state, and federal law. XVI. Governing Law Venue for any action arising out of or related to this MOU shall only be in Fresno County, Cali- fornia. The rights and obligations of the parties and all interpretation and performance of this MOU shall be governed in all respects by the laws of the State of California. XVII. Amendment and Waiver Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this MOU shall be valid unless made in writing and signed by both parties. XVIII. Termination A. Either party may terminate this MOU without cause upon sixty (60) days written notice to the other party. Notice shall be deemed served on the date of mailing. If notice of termination for cause is given by a party and it is later determined that the other party was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to this paragraph (A). B. If, during the term of this MOU, the prevailing executed contract between PROVIDER and CDSS is terminated, this MOU shall immediately terminate.At the earliest possible date, PROVIDER shall provide COUNTY with notice of the potential termination of its contract with CDSS and the projected termination date. C. Either party may terminate this MOU for cause upon thirty (30) days written notice to other party should the other party materially fail to perform any of the covenants contained in this MOU in the time and/or manner specified. If notice of termination for cause is given by a 6 M-24-540 party and it is later determined that the other party was not in default or the default was ex- cusable, then the notice of termination shall be deemed to have been given without cause pursuant to paragraph (A) above. XIX. CFET Plan Approval Contingency Clause All elements of this MOU are contingent upon USDA Food and Nutrition Service approval of a CFET State Plan. [SIGNATURE PAGE FOLLOWS] 7 M-24-540 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first written above. County of Fresno, Center for Employment a political subdivision of the State of California Opportunities, Inc. Riley Blackburn DDa'e:20241008Y15:47:452-07'00' By: By Samra Haider(Oct 8,2024 12:50 EDT) Title: Purchasing Manager Title: President Date: Date: O Ct 8, 2 0 24 "COUNTY" "PROVIDER" By Title: Date: "PROVIDER 8 M-24-540 CA - Fresno - CFET MOU FY25 Final Audit Report 2024-10-08 Created: 2024-10-08 By: Contracts Team(contracts@ceoworks.org) Status: Signed Transaction ID: CBJCHBCAABAAWNtVhnzjKzrZVyna78Z58u6iwhzdAJZo "CA - Fresno - CFET MOU FY25" History Document created by Contracts Team (contracts@ceoworks.org) 2024-10-08-4:48:30 PM GMT-IP address:73.234.39.196 Document emailed to Samra Haider(shaider@ceoworks.org)for signature 2024-10-08-4:49:20 PM GMT Email viewed by Samra Haider(shaider@ceoworks.org) 2024-10-08-4:50:29 PM GMT-IP address:74.125.210.199 Document e-signed by Samra Haider(shaider@ceoworks.org) Signature Date:2024-10-08-4:50:51 PM GMT-Time Source:server-IP address: 152.179.176.174 Agreement completed. 2024-10-08-4:50:51 PM GMT Q Adobe Acrobat Sign